Opinion
1:21-cv-00593-JLT-HBK (PC)
08-04-2023
JASON GERAY, Plaintiff, v. BRIAN CATES and K. NOUWELS, Defendants.
ORDER DENYING PLAINTIFF'S MOTION TO VIEW RESTRICTED MAGAZINE AND CONTESTED IMAGE
(Doc. No. 22)
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the pro se Plaintiff's motion to view a restricted magazine and image. (Doc. No. 22). On August 1, 2023, the Court screened Plaintiff's Complaint finding it failed to state a cognizable First Amendment claim. (Doc. No. 23, “Screening Order”). While Plaintiff has a procedural due process right to have an official's decision to restrict a publication reviewed, the Court is not aware of any binding precedent that gives Plaintiff a right to view the restricted magazine to contest its restriction.
Accordingly, it is ORDERED:
Plaintiff's motion to view restricted magazine and contested image (Doc. No. 22) is DENIED.