FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PAUL SCOTT KLEIN, No. 10-15538
Plaintiff - Appellant, D.C. No. 3:08-cv-00177-ECR-
RAM
v.
HOWARD SKOLNIK; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Nevada state prisoner Paul Scott Klein appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the
confiscation of his discounted magazine subscription renewal offer violated his
First and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291. We review de novo. Frost v. Symington, 197 F.3d 348, 353 (9th Cir.
1999). We affirm.
The district court properly granted summary judgment on Klein’s First
Amendment claim because Klein failed to raise a genuine dispute of material fact
as to whether the contested prison regulations were rationally related to legitimate
penological objectives. See Turner v. Safley, 482 U.S. 78, 89-91 (1987); Frost,
197 F.3d at 357; Mauro v. Arpaio, 188 F.3d 1054, 1059-60 (9th Cir. 1999).
The district court properly granted summary judgment on Klein’s Fourteenth
Amendment due process claim because Klein failed to raise a genuine dispute of
material fact about whether he was deprived of a liberty or property interest. See
Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir. 2003) (“Procedural due process
claims require [ ] a deprivation of a constitutionally protected liberty or property
interest[.]”).
Klein’s remaining contentions are unpersuasive.
Klein’s motion filed on June 28, 2010 concerning his prison copy account is
denied as moot.
AFFIRMED.
2 10-15538
FILED
PREGERSON, Circuit Judge, dissenting: JUN 06 2011
I dissent.
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS