Frazier v. Akano et al

Filing 11

ORDER DENYING Plaintiff's 10 Motion to Stop Prison from Opening Mail from the Courts signed by Magistrate Judge Michael J. Seng on 11/8/2010. (Sant Agata, S)

(PC) Frazier v. Akano et al

Doc. 11

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Rodnei Frazier ("Plaintiff") is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is a letter 17 from Plaintiff regarding the opening of his mail. Plaintiff complains that the last notice of 18 service that he received from the Court was not in a sealed envelope. By the time he 19 received the Notice, it was only taped shut. Plaintiff is concerned that his legal mail is 20 being tampered with by prison authorities. (ECF No. 10.) The Court construes Plaintiff's 21 letter as a Motion for the Court to Stop the Prison from Opening Mail from the Courts. 22 While state prison regulations may more broadly define what constitutes legal mail, 23 under federal law, mail from the courts is a matter of public record and is not considered 24 to be legal mail. Keenan v. Hall, 83 F.3d 1083, 1094 (9th Cir. 1996). Pursuant to 42 25 U.S.C. § 1983, the Court has jurisdiction only over claims that a prisoner's constitutional 26 rights were violated. Because the opening of mail from the Court does not implicate a 27 constitutional right, the Court lacks jurisdiction to address any of Plaintiff's concerns. Thus, 28 1
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UNITED STATES DISTRICT COURT

RODNEI FRAZIER, Plaintiff, v. S. LOPEZ, et al., Defendants. /

CASE NO.

1:10-cv-1656-LJO-MJS (PC)

ORDER DENYING PLAINTIFF'S MOTION TO STOP PRISON FROM OPENING MAIL FROM THE COURTS (ECF No. 10.)

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Plaintiff's letter, which the Court construes as a Motion, is DENIED.

IT IS SO ORDERED. Dated: ci4d6 November 8, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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