Scott C. Smith, Plaintiff-appellant, v. James Blodgett, C/o Ayers, Defendant-appellee, 972 F.2d 1342 (9th Cir. 1992)

MEMORANDUM^** 

Smith appeals the dismissal of his section 1983 claim. He contends that prison officials violated the First Amendment when they confiscated mail he had received at the time of his transfer into administrative segregation. We affirm.

* Smith argues that Wash.Admin.Code § 137-32-030(1) (d) (1990) creates a liberty interest in correspondence. Because the Washington Administrative Code does not contain substantive limitations or the requisite mandatory language, it does not create a liberty interest in correspondence while in administrative segregation. Olim v. Wakinekona, 461 U.S. 238, 249 (1983).

II

Smith also asserts that prison officials violated his First Amendment rights. An inmate retains only those First Amendment rights not inconsistent with his status. Pell v. Procunier, 417 U.S. 817, 822 (1974). The imposition of some restrictions on First Amendment rights is justified for security reasons. Id. at 827.

The prison officials' decision to prohibit Smith from retaining certain correspondence while in administrative segregation was in accordance with prison regulations. Legitimate security reasons underlay the restriction and no First Amendment right was violated. Id.

AFFIRMED.