United States Second Circuit

Summary judgment for defendants in prisoner civil rights action is affirmed where plaintiff prisoner does not have a constitutional right to free postage for non-legal mail, and the prison directive regulating possession of stamps in the prison is reasonably related to a legitimate penological interest.

Appellate Information

• Decided 04/19/2006
• Published 04/19/2006

Judges

• PER CURIAM., Before:  KEARSE, MINER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Plaintiff Johnathan Johnson, an inmate in the custody of the New York State Department of Correctional Services, appeals from a summary judgment entered in the United States District Court for the Northern District of New York (Eisele, J.)  dismissing Plaintiff's complaint under 42 U.S.C. § 1983.   The judgment of the district court is affirmed because Johnson does not have a constitutional right to free postage for non-legal mail, and the prison directive regulating possession of stamps in the prison is reasonably related to a legitimate penological interest., Johnathan Johnson, Pine City, NY, pro se.


• For Appellees:
  
• Nancy A. Spiegel, Senior Assistant Solicitor General, Victor Paladino, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York) Albany, NY, for Defendants-Appellees.