Georgacarakos v. Wiley et al

Filing 755

MINUTE ORDER denying 706 Motion to Suppress Photocopied Letters Acquired in Violation of Federal Regulation, by Magistrate Judge Michael E. Hegarty on 7/21/2009. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01712-MSK-MEH PETER GEORGACARAKOS, Plaintiff, v. WILEY, et al., Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on July 21, 2009. Plaintiff's Motion to Suppress Photocopied Letters Acquired in Violation of Federal Regulation [filed June 25, 2009; docket #706] is denied. The Plaintiff seeks to suppress copies of outgoing letters (authored by him) that were submitted by Defendants as exhibits in support of their motion for summary judgment. See docket #667-3. The Court notes that the relevant portion of the regulation to which Plaintiff refers does not appear to apply to the facility at which he is housed. See 28 C.F.R. 540.14(c)(1) (referring to "outgoing mail from a sentenced inmate in a minimum or low security level institution"). As there appears to be no basis upon which to grant the Plaintiff's motion, it is denied. See United States v. Gordon, 168 F.3d 1222, 1228 (10th Cir. 1999) ("[i]n the case of unprivileged incoming and outgoing prison mail, regulation by prison officials is `essentially an administrative matter in which the courts will not intervene'") (citations omitted).

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