# James Donald Brown v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

> Court of Appeals for the Fifth Circuit · November 25, 1969 · 419 F.2d 1308

URL: https://www.frixlaw.com/law-library/cases/287805

## Case

- **Full name:** James Donald BROWN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 25, 1969
- **Citations:** 419 F.2d 1308
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Bell, Ainsworth, Godbold
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/287805

## Opinion text

PER CURIAM.
Appellant, a Florida convict, filed his petition in the court below requesting that a three judge court be convened to enjoin prison mail censors from removing postage stamps from his outgoing mail, relying on 42 U.S.C. § 1983 . The district court dismissed the action for failure to state a claim cognizable under 42 U.S.C. § 1983 . We affirm.
1
The control of prison mail is a matter of prison administration. The claim here does not rise to the level of a federal claim. See Schack v. Wainwright, 5 Cir., 1968, 391 F.2d 608 ; and Adams v. Ellis, 5 Cir., 1952, 197 F.2d 483 . If considered as a theft of property problem, there is nevertheless no basis for a civil rights action. Urbano v. Calissi, 3 Cir., 1967, 384 F.2d 909 , cert. den., 391 U.S. 925 , 88 S.Ct. 1824 , 20 L.Ed. 2d 664 .
Affirmed.
1
. Pursuant to Rule
18 of the
Rules
of
this Court, we have concluded on the merits that this ease is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5th Cir. 1969, 409 F.2d 804 , Part I; and Huth v. Southern Pacific Company, 5th Cir. 1969, 417 F.2d 526 , Part I.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/287805. Public record. Not legal advice.
