Blake

Blake v. Melching

Good Law
63 F. App'x 360
United States Court of Appeals for the Ninth CircuitMay 15, 2003No. 02-17032; D.C. No. CV-99-05429-WHACalifornia356 words

Opinion

Lead Opinion

*361 MEMORANDUM **

Melvin James Blake, a California state prisoner, appeals pro se the district court’s summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging violation of his First Amendment rights and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We affirm in part, reverse in part, and remand.

Blake’s contention that the district court did not inform him of his obligation to oppose defendants’ summary judgment motion is not supported by the record.

The district court properly granted summary judgment on Blake’s claim that the prison regulation requiring inmates to obtain approval before receiving catalogs, Cal. Cod Regs. Tit. 15 § 3006(c)(ll), violates the First Amendment because the regulation is reasonably related to legitimate penological interests. See Mauro v. Arpaio, 188 F.3d 1054, 1058-62 (9th Cir.1999) (en banc).

The district court also properly granted summary judgment on Blake’s claim that he was prevented from ordering books, because he did not allege that any of the defendants “knew of or participated in activities…

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