United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 10, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-30212
Summary Calendar
EDDIE JAMES JONES,
Plaintiff-Appellant,
versus
MAIL ROOM STAFF, ALLEN CORRECTIONAL CENTER,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1840
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Eddie James Jones, Louisiana prisoner # 176162, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 action as
frivolous and for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) & (ii).
Jones argues that when the mail room staff at Allen Correctional
Center opened his legal mail which had been returned as
improperly addressed, they violated his right of access to the
courts and hindered his effort to use a procedure for filing
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-30212
-2-
confidential grievances. The mail room staff apparently opened
Jones’ mail when it was returned to the prison because it was
improperly addressed. The prison mail staff did not violate
Jones’ right of access to the courts by opening his incoming
legal mail as prison officials may open incoming legal mail to
inspect it for contraband. See Brewer v. Wilkinson, 3 F.3d 816,
820-21 (5th Cir. 1993). Further, Jones did not allege that he
was prejudiced in any way in a legal proceeding or prevented from
filing another grievance because the mail room staff opened his
legal mail. See Lewis v. Casey, 518 U.S. 343, 349-51 (1996).
Therefore, Jones has not shown that the district court erred in
dismissing his complaint.
Jones’ appeal is without arguable merit and, therefore, is
dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2. The district court’s dismissal
of his complaint and the dismissal of this appeal as frivolous
each count as a strike under 28 U.S.C. § 1915(g). Jones is
cautioned that if he accumulates three strikes under 28 U.S.C.
§ 1915(g), he will not be able to proceed in forma pauperis in
any civil action or appeal filed while he is incarcerated or
detained in any facility unless he is in imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.