Eddie Gene Vaughn, Plaintiff-appellant, v. Baxter, Sgt., et al., Defendants-appellees, 9 F.3d 1548 (6th Cir. 1993)

Before: GUY and RYAN, Circuit Judges, and MILES, Senior District Judge.^* 

ORDER

Eddie Gene Vaughn appeals a district court order dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Seeking monetary relief, Vaughn sued several Ohio correctional personnel in their individual and official capacities, alleging that the defendants violated his First Amendment rights when they delayed delivery of Vaughn's non-privileged mail. The district court determined that Vaughn's claims were without merit and granted summary judgment for the defendants. Vaughn has filed a timely appeal. On appeal, he requests the appointment of counsel.

Upon review, we conclude that the district court properly granted summary judgment for the defendants. There is no genuine issue as to any material fact and the defendants are entitled to judgment as a matter of law. Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc., 862 F.2d 597, 601 (6th Cir. 1988). The defendants did not violate Vaughn's constitutional right when they examined his non-privileged mail and any delay in Vaughn's receipt of the mail occurring as a result of this procedure does not rise to the level of a constitutional violation. See Martucci v. Johnson, 944 F.2d 291, 295 (6th Cir. 1991); Parrish v. Johnson, 800 F.2d 600, 603 (6th Cir. 1986).

Accordingly, we affirm the judgment for the reasons set forth in the district court's opinion and order filed on April 7, 1993. Rule 9(b) (3), Rules of the Sixth Circuit.