Brown v. Wainwright, 28098 Summary Calendar.
| Decision Date | 25 November 1969 |
| Docket Number | No. 28098 Summary Calendar.,28098 Summary Calendar. |
| Parties | James Donald BROWN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James Donald Brown, pro se.
Earl Faircloth, Atty. Gen. of Florida, James R. Yon, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
Appellant, a Florida convict, filed his petition in the court below requesting that a three judge court be convened to enjoin prison mail censors from removing postage stamps from his outgoing mail, relying on 42 U.S.C. § 1983. The district court dismissed the action for failure to state a claim cognizable under 42 U.S.C. § 1983. We affirm.1
The control of prison mail is a matter of prison administration. The claim here does not rise to the level of a federal claim. See Schack v. Wainwright, 5 Cir., 1968, 391 F.2d 608; and Adams v. Ellis, 5 Cir., 1952, 197 F.2d 483. If considered as a theft of property problem, there is nevertheless no basis for a civil rights action. Urbano v. Calissi, 3 Cir., 1967, 384 F.2d 909, cert. den., 391 U.S. 925, 88 S.Ct. 1824, 20 L.Ed. 2d 664.
Affirmed.
1 Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5th Cir. 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5th Cir. 1969, 417 F.2d 526, Part I.
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State ex rel. Thomas v. State
...419 F.2d 1309 (no right to take correspondence Bible course, decision being one of prison official's discretion); Brown v. Wainwright (5th Cir., 1969), 419 F.2d 1308 (prison mail censorship is matter for prison officials' discretion); Lee v. Tahash (8th Cir., 1965), 352 F.2d 970 (prison may......
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Lathan v. Oswald
...v. Department of Corrections, 411 F.2d 990 (6th Cir. 1969); Collins v. State of Florida, 432 F.2d 60 (5th Cir. 1970); Brown v. Wainwright, 419 F.2d 1308 (5th Cir. 1970); United States ex rel. Pope v. Hendricks, 326 F.Supp. 699 (E.D.Pa. However, the Eisen distinction between personal and pro......
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Sinclair v. Henderson, Misc. No. 1102.
...The Fifth Circuit Court of Appeals has frequently stated that the control of mail is a matter of prison administration. Brown v. Wainwright, 419 F.2d 1308 (CA5—1969); Diehl v. Wainwright, 419 F.2d 1309 (CA5—1970); Labat v. McKeithen, supra. This Court agrees with and is bound by these Fifth......
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Tillman v. Bradford
...or interference with his access to the courts. The control of prison mail is a matter of prison administration. Brown v. Wainwright, 419 F.2d 1308 (5th Cir. 1969). The violation of a prison regulation requiring that a prisoner be present when his incoming legal mail is opened and inspected ......