Midkiff

Midkiff v. Cook

Good Law
42 F. App'x 975
United States Court of Appeals for the Ninth CircuitAugust 16, 2002No. 01-35453California306 words

Opinion

Lead Opinion

MEMORANDUM **

Jason Lee Midkiff, an Oregon state prisoner, appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action challenging various prison mail regulations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Frost v. Symington, 197 F.3d 348, 353 (9th Cir.1999), and we affirm.

Midkiff claimed that prison officials violated his First Amendment rights by (1) restricting his ability to receive certain issues of adult magazines in prison; (2) rejecting a package addressed to him because it did not come directly from a verifiable publisher; and (3) prohibiting his receipt of mail containing glued on attachments. The district court properly granted summary judgment on these claims because Midkiff failed to put forth sufficient evidence to refute the common sense connection between the prison’s objectives and the challenged regulations. See Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987); Frost, 197 F.3d at 357 ; Mauro v. Arpaio, 188 F.3d 1054, 1059-60 (9th Cir.1999). Similarly, summary judgment on Midkiffs Fourteenth Amendment due process claim was proper because Midkiff faded to raise a genuine issue of…

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