Martin v. Cassell

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tommy MARTIN, Jr., Plaintiff-Appellant, v. Wade CASSELL, Inmate Systems Supervisor; Joel Hoffman; Edmon Arsiaga, legal Technician; Augustus Faller, Legal Technician; Michael Hammett; Robert Brauee, Defendants-Appellees. No. 95-15649. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 09, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Tommy Martin, Jr., appeals pro se the district court's summary judgment in favor of defendants in his action pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). He contends that defendants violated his constitutional rights by wrongfully opening incoming legal mail outside of his presence and delaying his outgoing legal mail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989),…