Stiles v. Deyott et al

Filing 13

ORDER ADOPTING in Part 10 FINDINGS AND RECOMMENDATIONS. J. Michael Stiles's claim regarding the denial of his magazine subscriptions 9 is DISMISSED for failing to state a claim. Stiles may amend his complaint 9 as it relates to his claim that prison mailroom staff are opening and reading his legal mail. Stiles may amend only this claim and must do so within 21 days of the date of this order. Signed by Judge Donald W. Molloy on 4/20/2012. Mailed to Stiles. (TAG, )

FILED

APR 2D 20f2
PATRICK E. DUFFY, CLERK

BY.

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

J. MICHAEL STILES,

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Plaintiff,
v.

DENICE DEYOTI, ROSS SWANSON,
KRlSTY COBBAN, TOM WOOD,
MIKE FERRITER,
Defendants.

CV 11-77-H-DWM-RKS

ORDER

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Plaintiff J. Michael Stiles filed an amended complaint, alleging that his
magazine subscriptions were improperly denied and that mailroom staff at the
prison opened and read his court or legal mail. The matter was referred to
Magistrate Judge Strong under 28 U.S.C. § 636(b). Judge Strong issued his
Findings and Recommendation on March 15,2012. He recommends that Stiles's
complaint be dismissed for failure to state a claim upon which relief may be

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granted.
Stiles timely objected to Judge Strong's Findings and Recommendations.
He is therefore entitled to de novo review ofthe specified findings or
recommendations to which he objects. 28 U.S.C. § 636(b)(I). The portions of the
Findings and Recommendation not specifically objected to are reviewed for clear
error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,
1313 (9thCir. 1981).
BACKGROUND
Stiles is incarcerated at the Montana State Prison in Deer Lodge, Montana
and is proceeding pro se. The defendants are: Denice Deyott, Mailroom Director at
the Prison; all Mailroom staff; Ross Swanson, Assistant Warden; Kristy Cobban,
Grievance Investigator; and Michael Ferriter, Director of the Montana Department
of Corrections.
Stiles claims that the defendants have denied him his magazine
subscriptions because they were addressed to "J. Michael Stiles" instead of
"James Michael Stiles," the name under which he was incarcerated. He also claims
that the defendants have been reading his court or legal mail. Stiles asks for
millions of dollars in damages and asks that the Court order the defendants to
provide him his magazines and to cease opening and reading his mail.
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Judge Strong concluded that Stiles has failed to state a claim on which relief
may be granted because (1) prisons may require inmates to use their committed
names on mail that is sent to them and (2) prison officials may open court mail (as
opposed to mail from the prisoner's attorney). Stiles offers blanket objections to
Judge Strong's Findings and Recommendations and asks that the Court allow him
to amend his complaint. The Court agrees with Judge Strong's Findings and
Recommendations regarding the denial of the magazine subscriptions and adopts
them in full. But, with regard to the Stiles's court or legal mail, the Court will
allow Stiles an opportunity to amend his complaint.
ANALYSIS

Since Stiles is a prisoner proceeding in forma pauperis, the Court reviews
his complaint under 28 U.S.C. §§ 1915, 1915A. Those statutes permit a court to
dismiss a pro se prisoner complaint before it is served on the defendants if the
complaint is frivolous, fails to state a claim on which relief may be granted, or
seeks monetary relief from a defendant who is immune from such relief. Id. at §§
1915A(b), 1915(e)(2)(B).
The Court dismisses Stiles's claim regarding his magazine subscriptions
because he fails to state a claim upon which relief may be granted. As Judge
Strong discussed, prison staff may require prisoners to use their committed names
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on incoming maiL See Riggins v. Clarke, 403 Fed. Appx. 292 (9th Cir. 2010);

Morrison v. Hall, 261 F.3d 896, 906 (9th Cir. 2001). Judge Strong determined that
the requirement that Stiles have his committed name on all correspondence is
justified by the need for orderly and efficient administration of prison mail. In his
objections, Stiles does not confront the legal basis for Judge Strong's
recommendations and therefore has failed to provide the Court with any ground
upon which it might decide the issue differently.
As to Stiles's court or legal mail, prison staff may open a prisoner's mail
from courts (i.e., "court mail"), as opposed to mail from the prisoner's attorney
(Le., "legal mail"). Keenan v. Hall, 83 F.3d 1083, 1094 (9th Cir. 1996), amended,
135 F.3d 1318 (9th Cir. 1998). But, "[L]egal mail may be opened in the presence
of the addressee and ... prison officials can require both that the letters be
specially marked with the name and address of the attorney and that the attorney
first communicate with prison officials." Sherman v. McDougall, 656 F.2d 527,
528 (9th Cir.l981) (citing Wolffv. MacDonald, 418 U.S. 539, 575-77 (1974».
"Legal mail" in the context of the First Amendment generally refers to only
correspondence between a prisoner and his attorney. See Wolff, 418 U.S. at

575-76; Keenan, 83 F.3d at 1094. Stiles describes the mail here as "court/attorney
legal mail" and "legal mail" and suggests that prison staff are opening his legal
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mail, not court mail.
Stiles's principal objection is that the Court should grant him leave to
amend his complaint. "Dismissal of a pro se complaint without leave to amend is
proper only if it is absolutely clear that the deficiencies of the complaint could not

be cured by amendment." Silva v. Di Vittorio, 658 F.3d 1090, 1105 (9th Cir. 2011)
(citations and internal quotation marks omitted). The defects in Stiles's claim
regarding the denial of his magazine subscriptions cannot be cured by amendment.
As a result, the Court does not grant him leave to amend on this issue. But because
Stiles could re-plead facts regarding his legal mail that could state a claim upon
which relief may be granted, the Court grants him leave to amend on this issue.
IT IS ORDERED that J. Michael Stiles's claim regarding the denial of his
magazine subscriptions (doc. 9) is DISMISSED for failing to state a claim upon
which relief may be granted.
IT IS FURTHER ORDERED that Stiles may amend his complaint (doc. 9)
as it relates to his claim that prison mailroom staff are opening and reading his
legal mail. Stiles may amend only this claim and must do so within 21 days of the
date of this order.
Dated this

~riI2012.
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olloy, District Judge
District Court

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