Lambirth
Lambirth v. Cambra
Opinion
lead Opinion
MEMORANDUM *
Raymond Lambirth, a California state inmate, appeals the district court’s summary adjudication dismissing his 42 U.S.C. § 1983 action challenging the High Desert State Prison’s (the Prison) new correspondence policy. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Inmates enjoy a First Amendment right to send and receive mail. Witherow v. Paff, 52 F.3d 264, 265 (9th Cir.1995). Prison officials, however, may adopt a regulation that impinges upon that constitutional right if “the regulation ... is reasonably related to legitimate penological interests.” Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987). Although Turner enumerated four factors to consider in determining the reasonableness of a prison regulation, we need only reach the first factor: whether there is a “valid, rational connection between the prison regulation and the legitimate governmen *692 tal interest put forward to justify it.” See id.
The threshold question for the first Turner factor is whether the inmate severs the common-sense connection between the prison’s asserted objective and the regulation. See Frost v. Symington, 197 F.3d 348, 357 (9th…