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STANLEY v. VINING

No. 08-2634.

602 F.3d 767 (2010)

Aubrey STANLEY, Plaintiff-Appellant, v. Randy VINING, Corrections Officer; David Bergh, Warden; Unknown Contreras, Inspector, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Aubrey Stanley, Munising, Michigan, pro se.

MERRITT, J., delivered the opinion of the court, in which COOK, J., joined. COLE, J. (pp. 771-75), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

Aubrey Stanley, a pro se prisoner, appeals a District Court order entered under 28 U.S.C. § 1915(e)(2) dismissing as failing to state a claim his civil rights complaint filed pursuant to 42 U.S.C. § 1983. Stanley claims as a federal constitutional violation the conduct of prison guard, Vining, who allegedly read his "legal mail" in his presence at his prison cell on October 11, 2007, and October 29, 2007,...

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