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CURLEY v. PERRY

No. 00-2152.

246 F.3d 1278 (2001)

George Michael CURLEY, Plaintiff-Appellant, v. Rob PERRY, Secretary of Corrections, New Mexico Department of Corrections; John Shanks, Director of Adult Prisons, New Mexico Department of Corrections; Ron Lytle, Warden, Central New Mexico Correctional Facility; New Mexico Corrections Department, and all adult prisons acting under legal concert with the State of New Mexico Corrections Department, individually and in their official capacities, Defendants-Appellees. United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 18, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:*

George Michael Curley, pro se.

Richard J. Banta and Lisa A. Vanderhoof, Denver, Colorado, for Plaintiff-Appellant.

Patricia A. Madrid, Attorney General, State of New Mexico and Patricia Gandert, Assistant Attorney General, State of New Mexico, Santa Fe, New Mexico, for Defendants-Appellees.

David W. Ogden, Assistant Attorney General; Norman C. Bay, United States Attorney; Barbara L. Herwig, Attorney, Department of Justice; and Jonathan H. Levy, Attorney, Department of Justice, Washington, DC, for Intervenor.

Before SEYMOUR, EBEL and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

George Michael Curley filed this pro se civil-rights action seeking to restrict inmate-to-inmate correspondence in the New Mexico prison system. Acting sua sponte under 28 U.S.C. § 1915(e)(2) and Federal Rule of Civil Procedure 12(b)(6), the district court dismissed his complaint with prejudice because it failed to state a claim upon which relief could be granted. We granted Curley's motion for...

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