U.S. Court of Appeals for the Ninth Circuit, 2012

Javance Wilson v. A. Panizza

Javance Wilson v. A. Panizza
U.S. Court of Appeals for the Ninth Circuit · Decided November 20, 2012 · Canby, Trott, Fletcher
498 F. App'x 722

Javance Wilson v. A. Panizza

Opinion

MEMORANDUM **

Javance Mickey Wilson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his First Amendment rights when they confiscated a book from his incoming mail. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as *723 to whether defendants’ actions were not reasonably related to a legitimate correctional goal. See Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (setting forth relevant factors in determining whether a regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests); see also Beard v. Banks, 548 U.S. 521, 528-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006) (courts should accord prison officials deference when analyzing the constitutional validity of prison regulations).

Wilson’s contention that the district court should have requested a copy of the confiscated book to review are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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