Duane Everett McMican v. Samuel Lewis, Director

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Duane Everett McMICAN, Plaintiff-Appellant, v. Samuel LEWIS, Director; et al., Defendants-Appellees. No. 94-16278. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Duane Everett McMican, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in McMican's 42 U.S.C. Sec. 1983 action. McMican contends that defendants violated his constitutional rights by returning to sender non-legal mail addressed to McMican but not marked with his inmate identification number on the outside of the envelope. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo the district court's summary judgment, Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989), and affirm. 3 A grant of summary judgment should be affirmed only if the evidence, read in…