Ray

Ray v. Williams

Good Law
234 F. App'x 570
United States Court of Appeals for the Ninth CircuitJune 13, 2007No. 05-35688California269 words

Opinion

Lead Opinion

MEMORANDUM **

Edward Theodore Ray, an Oregon state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his rights by refusing to permit delivery of two books that he ordered. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Buono v. Norton, 371 *571 F.3d 543, 545 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Ray’s First Amendment claims because the prison’s regulation of books containing material that threatens or is detrimental to the security, safety, and discipline of the facility, was reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 92-93 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987).

The district court properly granted summary judgment on Ray’s claim that prison staff violated his due process rights by failing to follow its rules for mail rejection, because Ray received notice of the rejection of the books, and administrative review of the rejections. See Sorrels v. McKee, 290 F.3d 965, 972 (9th Cir.2002) (prisoners have a Fourteenth Amendment liberty interest in receiving notice that their…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.