Unpublished Disposition, 902 F.2d 38 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 902 F.2d 38 (9th Cir. 1990)

David Wilder FAUNCE, Plaintiff-Appellant,andJohn Rease Butts, II, Fred L. Roberts; James J. Jones, Plaintiffs,v.Daniel J. MCCARTHY; Paul J. Morris, Warden; Joe Campoy;R. Rutherford; E.F. Chapman, Sergeant,Defendants-Appellees.

No. 87-2855.

United States Court of Appeals, Ninth Circuit.

Submitted April 26, 1990.* Decided May 8, 1990.

Before GOODWIN, Chief Judge, SNEED and FERGUSON, Circuit Judges.


David W. Faunce, a California state prisoner, appeals the denial of his prayer for injunctive relief in his action to require the defendants to allow unrestricted mail delivery and to desist from numerous acts which allegedly endanger his life. We affirm.

The district court did not abuse its discretion when it declined to enjoin defendants from implementing certain prison mail regulations. The issue was not ripe for adjudication. See 18 Unnamed John Smith Prisoners v. Meese, 871 F.2d 881, 883 (9th Cir. 1989). Further, Faunce's request to be released from protective custody is moot. See Weinstein v. Bradford, 423 U.S. 147 (1975) (per curiam). He has been released from that category of custody. Finally, his motion to enjoin his transfer to another institution was correctly denied because he did not demonstrate any right to substitute his judgment for that of the prison administration. Nor was there any likelihood that a transfer would incur irreparable injury. See Oakland Tribune, Inc. v. Chronicle Publishing Co., Inc., 762 F.2d 1374, 1376 (9th Cir. 1985).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3