Medina

Medina v. McGrath

Good Law
81 F. App'x 151
United States Court of Appeals for the Ninth CircuitNovember 13, 2003No. 03-15984; D.C. No. CV-03-00077-MJJCalifornia308 words

Opinion

Lead Opinion

MEMORANDUM **

California prisoner Fernando Medina appeals pro se the district court’s orders dismissing his 42 U.S.C. § 1983 action for failure to state a cognizable claim and denying his motion to vacate. Medina contends that Pelican Bay State Prison’s (“PBSP”) ban on publications containing nudity violates his rights under the First and Fourteenth Amendments. Because the dismissal order evidenced the district court’s intent to fully adjudicate the issues, we have jurisdiction pursuant to 28 U.S.C. § 1291 . See National Distrib. Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir.1997). We review dismissals under 28 U.S.C. § 1915A(b) de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

We agree with the district court’s conclusion that the PBSP’s policy is reasonably related to legitimate penological interests, and therefore hold that the policy is a permissible constraint on Medina’s First Amendment rights. See Mauro v. Arpaio, 188 F.3d 1054, 1057 (9th Cir.1999) (en banc).

To the extent that Medina’s Fourteenth Amendment claim is cognizable, the availability of post-deprivation remedies satis *152 fies due process. See Barnett v. Centoni 31…

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