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BARRETT v. BELLEQUE

No. 06-35667.

544 F.3d 1060 (2008)

Jacob Henry BARRETT, Plaintiff-Appellant, v. Brian BELLEQUE; J. Nofziger; Rebecca Prinslow; Gary Russell; J. Taylor; Kent Parker, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2008.

Attorney(s) appearing for the Case

Leonard J. Feldman, Heller Ehrman LLP, Seattle, WA, for plaintiff-appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Janet A. Metcalf, Assistant Attorney General, Salem, OR, for defendants-appellees.

Before: B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

PER CURIAM:

Plaintiff-Appellant Jacob Barrett's pro se complaint was dismissed sua sponte by the district court, with prejudice, for failure to state a claim. Barrett, a prisoner at the Oregon State Penitentiary, attempted to mail a series of letters to his grandmother and mother — those letters used vulgar and offensive racist language to describe prison officials. After reviewing the letters, prison officials cited Barrett for violation of various...

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