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SORRELS v. McKEE

No. 01-35222.

290 F.3d 965 (2002)

Ross W. SORRELS, Plaintiff-Appellant, v. Ronald McKEE; David Buss; Cly Evans; Archie Grant; Loreli, Cruthers; Kay Walter; Jim Blodgett; Joseph Lehman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed May 2, 2002.

Amended Opinion Filed May 17, 2002.

Attorney(s) appearing for the Case

Noah Levine, Perkins Coie LLP, Seattle, WA, for the plaintiff-appellant.

Ross W. Sorrels, pro se plaintiff, Yakima, WA, for the plaintiff-appellant.

Michael T. Mitchell, Attorney General's Office, Olympia, WA, for the defendants-appellees.

Before ALARCON and SILVERMAN, Circuit Judges, and TEILBORG, District Judge.

OPINION

SILVERMAN, Circuit Judge.

In 1996, a district court in the Eastern District of Washington declared unconstitutional a policy of the Washington State Penitentiary prohibiting inmates from receiving books and magazines that they did not pay for themselves from their prison accounts. That decision was subsequently upheld on appeal. Crofton v. Roe, 170 F.3d 957 (9th Cir.1999). Meantime, while the appeal in

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