United States Tenth Circuit

Rulings for defendants and dismissal of a 42 U.S.C. section 1983 pro se prison civil rights action involving prison officials' interception of plaintiff's mail is affirmed where: 1) dismissal of a due process claim was now beyond review pursuant to the "firm waiver rule"; 2) a First Amendment claim involving his right of access to the courts was properly dismissed for lack of actual injury; 3) adverse summary judgment as to a claim regarding his right to receive mail was proper since a challenged restriction, as applied, was a constitutionally valid exercise of prison administrative authority; and 4) plaintiff's remaining objections were meritless.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• ANDERSON, Circuit Judge., Before HENRY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Wendel R. Wardell, Jr., Pro Se.


• For Appellees:
  
• Nicole S. Gellar, Assistant Attorney General, John W. Suthers, Attorney General of Colorado, Denver, CO, for Defendants-Appellees.