JOSEPH M. ARAGON, APPELLANT,
v.
R. A. WATHEN AND C. A. YOUNG, APPELLEES

9th Cir. | 1965-10-26
No. 20149
352 F.2d 77 United States Court of Appeals for the Ninth Circuit (1965) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from dismissal of a complaint asserting a claim under the Civil Rights Acts. 42 U.S.C. §§ 1983, 1985 and 28 U.S.C. § 1343. The appellant is a prisoner under conviction by a state court, and he alleges that prison authorities, the appellees, conspired to prevent his converting a government bond into cash. He asserts that he was thereby unlawfully deprived of a constitutional right.

The District Court properly dismissed the action. Appellant’s grievance is not of such quality as will support a claim for relief under the Civil Rights Acts. It appears to arise from exercise of regulatory supervision which, absent a showing of unmistakable abuse, must rest within the discretion of prison officials. See United States ex rel. Wagner v. Ragen, 213 F. 2d 294 (7th Cir.), cert. denied, 348 U.S. 846, 75 S.Ct. 68, 99 L.Ed. 667 (1954); Adams v. Ellis, 197 F. 2d 483 (5th Cir. 1952); Stroud v. Swope, 187 F. 2d 850 (9th Cir.), cert. denied, 342 U.S. 829, 72 S.Ct. 53, 96 L.Ed. 627 (1951).

Affirmed.


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