Filed: Feb. 05, 2002
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-10189 Summary Calendar DOUGLAS SCOTT NOWELL, Plaintiff-Appellant, versus JERRY BAGGS, Warden, Dickens County Correctional Center; WAYNE BRAZEE, Lieutenant and Mailroom Supervisor at Dickens County Correctional Center Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Texas USDC No. 5:99-CV-79-C - February 4, 2002 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:*
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-10189 Summary Calendar DOUGLAS SCOTT NOWELL, Plaintiff-Appellant, versus JERRY BAGGS, Warden, Dickens County Correctional Center; WAYNE BRAZEE, Lieutenant and Mailroom Supervisor at Dickens County Correctional Center Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Texas USDC No. 5:99-CV-79-C - February 4, 2002 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* D..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10189
Summary Calendar
DOUGLAS SCOTT NOWELL,
Plaintiff-Appellant,
versus
JERRY BAGGS, Warden, Dickens County Correctional Center;
WAYNE BRAZEE, Lieutenant and Mailroom Supervisor at
Dickens County Correctional Center
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:99-CV-79-C
--------------------
February 4, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Douglas Scott Nowell (“Nowell”) appeals the district court’s
grant of summary judgment dismissing his 42 U.S.C. § 1983
civil rights action in which Nowell alleged that, while housed at
Dickens County Correctional Center, his First Amendment rights
were violated by the defendants’ denial of access to outside
publications.
We review a district court’s grant of summary judgment de
novo, applying the same standard as would the district court.
*
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that this opinion should not be published and is not precedent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. 01-10189
-2-
Melton v. Teachers Ins. & Annuity Ass’n of Am.,
114 F.3d 557, 559
(5th Cir. 1997).
Prisoners retain only those First Amendment rights of speech
that are consistent with their status as prisoners or with the
legitimate penological objectives of the prison. Hudson v.
Palmer,
468 U.S. 517, 523 (1984). Regulations affecting the
sending of publications to prisoners are scrutinized to determine
whether they are “‘reasonably related to legitimate penological
interests.’” Thornburgh v. Abbott,
490 U.S. 401, 404 (1989)
(quoting Turner v. Safley,
482 U.S. 78, 89 (1987)). Legitimate
penological interests include security, order, and
rehabilitation. Procunier v. Martinez,
416 U.S. 396, 413 (1974);
Adams v. Gunnell,
729 F.2d 362, 367 (5th Cir. 1984).
Nowell has failed to establish that the defendants’ interest
in limiting and monitoring his access to publications violated
his First Amendment rights. See Cruz v. Hauck,
515 F.2d 322, 333
(5th Cir. 1975). He has also failed to show that the district
court abused its discretion in denying his discovery requests.
See Moore v. Willis Indep. Sch. Dist.,
233 F.3d 871, 876 (5th
Cir. 2000).
The district court’s grant of summary judgment in favor of
the defendants is AFFIRMED.