Tyrone D. Newman v. Brandon et al

Filing 18

ORDER DENYING Plaintiff's 17 Motion for Injunctive Relief signed by Magistrate Judge Jennifer L. Thurston on 7/27/2011. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE D. NEWMAN,

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Case No. 1:10-cv-00687 JLT (PC)

Plaintiff,

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vs.

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ORDER DENYING PLAINTIFF’S MOTION
FOR INJUNCTIVE RELIEF

BRANDON, et al.,

(Doc. 17)
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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. On July 18, 2011, Plaintiff filed a motion complaining that officials are

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opening the mail sent to him from the court. (Doc. 17 at 1-2.) Plaintiff seeks “an order informing [the

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California Department and Rehabilitation] and Avenal State Prison that this plaintiff’s mail from this

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Court is ‘official legal mail.’” (Doc. 17 at 3.)

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The Prison Litigation Reform Act places restrictions on injunctive relief. It states, in relevant

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part: “Prospective relief in any civil action with respect to prison conditions shall extend no further than

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necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs.” 18 U.S.C.

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§ 3626(a)(1)(A). There is no violation of a federal right here. Plaintiff is advised that mail sent from

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the court is not legal mail. See Keenan v. Hall, 83 F.3d 1083, 1094 (9th Cir. 1996) (“Mail from the

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courts, as contrasted to mail from a prisoner’s lawyer, is not legal mail.”). And, the opening of and

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inspection of non-legal mail by prison officials does not violate an inmate’s constitutional rights. See
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Smith v. Boyd, 945 F.2d 1041, 1043 (9th Cir. 1991).
Accordingly, it is HEREBY ORDERED that Plaintiff’s July 18, 2011 motion for injunctive
relief (Doc. 17) is DENIED.

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IT IS SO ORDERED.

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Dated: July 27, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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