JAMES DONALD BROWN, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT-APPELLEE
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The court held that a prisoner's claim regarding the removal of postage stamps from outgoing mail does not rise to the level of a federal claim cognizable under 42 U.S.C. § 1983.
A Florida prisoner filed a petition seeking to enjoin prison mail censors from removing postage stamps from his outgoing mail, relying on 42 U.S.C. § …
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PER CURIAM.
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.
. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this ease 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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Krist v. Smith, 439 F.2d 146 (5th Cir. 1971)
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Barlow v. Al Amiss, 477 F.2d 896 (5th Cir. 1973)
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Frye v. Henderson, 474 F.2d 1263 (5th Cir. 1973)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murphy v. Houma Well Serv., 409 F.2d 804 (5th Cir. 1969)
- Huth v. S. Pac. Co., 417 F.2d 526 (5th Cir. 1969)
- Adams v. Ellis, 197 F.2d 483 (5th Cir. 1952)
- Schack v. Louie L. Wainwright, 391 F.2d 608 (5th Cir. 1968)
- Urbano v. Calissi, 384 F.2d 909 (3d Cir. 1967)
- Hare v. Minnesota, 391 U.S. 925 (U.S. 1968)
- Bogart et ux. v. California, 391 U.S. 925 (U.S. 1968)