Hamilton

Hamilton v. Department of Corrections

Good Law
43 F. App'x 107
United States Court of Appeals for the Ninth CircuitJuly 30, 2002No. 01-17147; D.C. No. CV-98-05755-AWI(SMS)California254 words

Opinion

Lead Opinion

MEMORANDUM **

George Hamilton, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that he was deprived of his First Amendment right to correspond confidentially with the Federal Bureau of Investigation (“FBI”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, O’Keefe v. Van Boening, 82 F.3d 322 , 324 (9th Cir.1996), and affirm. We may affirm on any grounds finding support in the record. Kling v. Hallmark Cards, Inc., 225 F.3d 1030, 1039 (9th Cir.2000).

Although Hamilton may have a right to correspond confidentially with an FBI agent under California law, see Cal.Code Regs. tit. 15, § 3141(a) & (c)(2) (inmates may correspond confidentially with federal officials appointed by the President of the United States, and their staff members), no such federal constitutional right exists, O’Keefe, 82 F.3d at 325-27 (noting that a prison need not treat all mail sent to government agencies and officials as legal mad).

Moreover, restrictions on confidential mail are reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96…

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