Smith v. Chapell et al

Filing 4

ORDER OF DISMISSAL. For the reasons stated above, this action is DISMISSED for failure to state a claim upon which relief may be granted. Signed by Judge Edward J. Davila on 11/26/2014. (ecg, COURT STAFF) (Filed on 12/1/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JERRY SMITH,
Plaintiff,

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v.

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KEVIN CHAPELL, et. al.,
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Defendants.
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No. C 14-03401 EJD (PR)

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ORDER OF DISMISSAL

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Plaintiff, a state prisoner at San Quentin State Prison (“SQSP”), filed the instant

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civil rights action in pro se pursuant to 42 U.S.C. § 1983. Plaintiff’s motion for leave to

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proceed in forma pauperis will be granted in a separate written order.

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DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a

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prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify

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any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a

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claim upon which relief may be granted or seek monetary relief from a defendant who is
Order of Dismissal
P:\PRO-SE\EJD\CR.14\03401Smith_dism(ftsac).wpd

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immune from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be

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liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.

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1988).
In its review, the court must identify any cognizable claims and dismiss any claims

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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or

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seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §

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1915A(b). Failure to state a claim is a grounds for dismissal before service under both

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sections 1915A and 1915(e)(2), as well as under Rule 12(b)(6). Dismissal for failure to

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state a claim is a ruling on a question of law. See Parks School of Business, Inc., v.

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Symington, 51 F.3d 1480, 1483 (9th Cir. 1995). “The issue is not whether plaintiff will

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ultimately prevail, but whether he is entitled to offer evidence to support his claim.”

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Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

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elements: (1) that a right secured by the Constitution or laws of the United States was

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violated, and (2) that the alleged violation was committed by a person acting under the

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color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

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Plaintiff’s Claims
Plaintiff claims that on August 28, 2013, he received his legal mail opened from

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the SQSP mail room. The mail was from the Monterey Superior Court. Plaintiff was

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interviewed on October 15, 2013, by supervisor Alex Lile, during which it was verified

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that D. McCall processed the mail and who could not verify whether the mail was “sent

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open” from the court. Plaintiff claims that Warden Kevin Chapell was aware that the

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mail was incorrectly processed by the mail room staff. (Compl. at 3.)

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Liberally construed, it appears that Plaintiff is asserting a violation of his First

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Amendment right to send and receive mail. See Witherow v. Paff, 52 F.3d 264, 265 (9th

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Cir. 1995) (citing Thornburgh v. Abbott, 490 U.S. 401, 407 (1989)). A prison, however,

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may adopt regulations or practices which impinge on a prisoner’s First Amendment rights

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as long as the regulations are “reasonably related to legitimate penological interests.” See
Order of Dismissal
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Turner v. Safley, 482 U.S. 78, 89 (1987). The Turner standard applies to regulations and

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practices concerning all correspondence between prisoners and to regulations concerning

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incoming mail received by prisoners from non-prisoners. See Thornburgh, 490 U.S. at

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413.

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Prison officials may also institute procedures for inspecting “legal mail,” e.g., mail

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sent between attorneys and prisoners, see Wolff v. McDonnell, 418 U.S. 539, 576-77

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(1974) (incoming mail from attorneys), and mail sent from prisoners to the courts, see

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Royse v. Superior Court, 779 F.2d 573, 574-75 (9th Cir. 1986) (outgoing mail to court).

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However, mail from the courts, as contrasted to mail from a prisoner’s lawyer, is not

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“legal mail,” such that prison officials may open and inspect mail to prisoner from courts

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outside prisoner’s presence. See Keenan v. Hall, 83 F.3d 1083, 1094 (9th Cir. 1996),

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amended, 135 F.3d 1318 (9th Cir. 1998).

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Even if we construe the facts in the light most favorable to Plaintiff and assume

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that Defendants purposefully opened Plaintiff’s mail from the courthouse outside of his

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presence, there was no violation of Plaintiff’s First Amendment rights under Keenan.

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See West t v. Atkins, 487 U.S. at 48. Accordingly, Plaintiff’s claim must be dismissed

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for failure to state a claim upon which relief may be granted.

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CONCLUSION

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For the reasons stated above, this action is DISMISSED for failure to state a claim
upon which relief may be granted. See 28 U.S.C. § 1915A(b).

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DATED:

11/26/2014

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JERRY SMITH,

Case Number: CV14-03401 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
KEVIN CHAPELL, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
12/1/2014
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Jerry Smith H44485
San Quentin State Prison
San Quentin, CA 94974
Dated:

12/1/2014

Richard W. Wieking, Clerk
Elizabeth Garcia, Deputy Clerk

/s/ By: