Spitsyn

Spitsyn v. Morgan

Good Law
160 F. App'x 593
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 04-35979; D.C. No. CV-04-05134-FDBCalifornia381 words

Opinion

Lead Opinion

MEMORANDUM **

Sergey Spitsyn, a Washington state prisoner, appeals pro se the district court’s judgment on the pleadings dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by withholding his mail. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Fajardo v. County of Los Angeles, 179 F.3d 698, 699 (9th Cir.1999), and we vacate and remand.

“A judgment on the pleadings is properly granted when, taking all the allegations in the non-moving party’s pleadings as true, the moving party is entitled to judgment as a matter of law.” Id.; Fed. R.Civ.P. 12(c). Before entering judgment based on an inadequate pro se complaint, a district court should briefly explain the deficiencies of the complaint to the pro se litigant and provide leave to amend unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987).

We conclude that the district court erred in granting judgment on the pleadings because restrictions on prisoners’ mail may implicate the First Amendment in the absence of a reasonable rela *595 tionship to legitimate…

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