Opinion
No. 14-15022
05-19-2015
MARCUS L. HARRISON, Plaintiff - Appellant, v. D. MILLIGAN; et al., Defendants - Appellees.
NOT FOR PUBLICATION
D.C. No. 3:09-cv-04665-SI MEMORANDUM Appeal from the United States District Court for the Northern District of California
Susan Illston, District Judge, Presiding
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Marcus L. Harrison, a California state prisoner, appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his First Amendment rights when they confiscated his 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 Harrison failed to raise a genuine dispute of material fact as to whether defendants' confiscation of his incoming mail was not reasonably related to the prison's legitimate penological interest in prison safety, and as to whether defendants' confiscation of his outgoing mail did not further a substantial governmental interest in prison safety. See Thornburgh v. Abbott, 490 U.S. 401, 413 (1989) (setting forth factors for evaluating a First Amendment claim relating to the regulation of incoming mail); Procunier v. Martinez, 416 U.S. 396, 413-14 (1974) (setting forth factors for evaluating a First Amendment claim relating to the regulation of outgoing mail), overruled on other grounds by Thornburgh, 490 U.S. 401; see also Beard v. Banks, 548 U.S. 521, 528-30 (2006) (courts should accord "deference to the views of prison authorities").
Harrison's request for appointment of counsel, as set forth in his opening brief, is denied.
We do not address matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
AFFIRMED.