915 F.2d 1572 (6th Cir. 1990), 90-1061, Kittrell v. Yarborough

Docket Nº:90-1061.
Citation:915 F.2d 1572
Party Name:Thomas E. KITTRELL, Plaintiff-Appellant, v. Mr. YARBOROUGH, Mr. R. Warren, Mr. K. Smiley, Lumbert, Officer/Employee, Defendants-Appellees.
Case Date:October 04, 1990
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 1572

915 F.2d 1572 (6th Cir. 1990)

Thomas E. KITTRELL, Plaintiff-Appellant,

v.

Mr. YARBOROUGH, Mr. R. Warren, Mr. K. Smiley, Lumbert, Officer/Employee, Defendants-Appellees.

No. 90-1061.

United States Court of Appeals, Sixth Circuit

October 4, 1990

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

W.D.Mich., No. 88-00684; Gibson, J.

W.D.Mich.

AFFIRMED.

Before MILBURN, BOGGS and SUHRHEINRICH, Circuit Judges.

ORDER

This pro se Michigan prisoner appeals the district court's judgment dismissing his civil rights complaint filed under 42 U.S.C. § 1983. In his brief on appeal, he requests the appointment of counsel. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. This panel unanimously agrees that oral argument is not necessary. Fed.R.App.P. 34(a).

Thomas E. Kittrell claimed that defendants denied him constitutionally protected rights of due process and religious freedom. He further claimed that he was forced to file a grievance to protect his rights and that a rule restricting personal property was not properly promulgated. He sued defendants in their individual and official capacities. He sought monetary, declaratory and injunctive relief.

Upon review, we conclude that the complaint was properly dismissed. The restriction on personal property did not impermissibly infringe Kittrell's first amendment rights. See Thornburgh v. Abbott, 109 S.Ct. 1874, 1882-84 (1989). The grievance procedure represents in part the process to which Kittrell...

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