Billy Wayne Loyd, Plaintiff-appellant, v. Willie Higgins, Elaine Alexander, and Linda Sneed,defendants-appellees, 986 F.2d 1427 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff filed this § 1983 action seeking monetary damages and injunctive relief for alleged violations of his constitutional rights during his imprisonment at a minimum security prison in Oklahoma. During the pendency of this suit, he was released from prison.² 

Plaintiff first alleges that Defendants violated his constitutional right to access to the courts by failing to provide access to a law library as required by Bounds v. Smith, 430 U.S. 817 (1977). Plaintiff next claims that Defendants illegally opened, outside his presence, privileged legal mail that he received while in their custody. See Nordgren v. Hayward, 638 F.2d 224 (10th Cir. 1981). The district court denied relief under Fed. R. Civ. P. 12(b) (6) and 28 U.S.C. § 1915(d) (1988), and Plaintiff brings this appeal.

We have conducted an independent review of the entire record, including Plaintiff's complaint, Plaintiff's response to Defendants' motion to dismiss, the Special Report that the Oklahoma Department of Corrections prepared on this incident, and the Department of Corrections' written policies on law libraries and prisoner mail. On the basis of that review, we conclude that the district court was correct in dismissing the complaint.

The judgment of the district court is AFFIRMED.