Wise

Wise v. WA Department of Corrections

Good Law
331 F. App'x 477
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 07-35520California581 words

Opinion

Lead Opinion

MEMORANDUM **

John Wise, a Washington state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials violated his First and Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per cu-riam) (reviewing summary judgment); Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.1985) (reviewing decision on mootness). We may affirm on any ground supported by the record. United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992). We affirm.

The district court properly granted summary judgment on Wise’s First Amendment claim because Wise did not raise a genuine issue of material fact regarding the prison’s legitimate penological interest in preventing inmates from sending state issued, un-caneelled stamps out of the prison. See Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (stating that a prison may adopt regulations that infringe on an inmate’s constitutional rights if they are reasonably related to legitimate penological interests).

The district court properly granted summary judgment on Wise’s…

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