Keith L. Closson v. ROY GONZALEZ, Correctional Manager, Department of Corrections

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEITH L. CLOSSON,
Plaintiff-Appellant,
v.
ROY GONZALEZ, Correctional Manager,
Department of Corrections,
Defendant-Appellee.
No. 18-35084
D.C. No. 3:17-cv-05205-RBL
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Washington state prisoner Keith L. Closson appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging a violation of
his First Amendment right to receive mail. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo the district court’s ruling on cross-motions for
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-35084
summary judgment. Guatay Christian Fellowship v. County of San Diego, 670
F.3d 957, 970 (9th Cir. 2011). We affirm.
The district court properly granted summary judgment for defendant because
Closson failed to raise a genuine dispute of material fact as to whether the prison’s
policy of rejecting incoming mail containing a detailed map of areas of
Washington was not reasonably related to legitimate penological interests. See
Turner v. Safley, 482 U.S. 78, 89 (1987) (a prison regulation that “impinges on
inmates’ constitutional rights” is valid “if it is reasonably related to legitimate
penological interests”).
We reject as without merit Closson’s contentions regarding the applicability
of George v. Smith, 507 F.3d 605 (7th Cir. 2007).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Closson’s request that the appeal be heard on the full district court record
(Docket Entry No. 6) is granted. Closson’s request to attach the documents filed at
Docket Entry No. 4 to his opening brief (Docket Entry No. 11) is denied as
unnecessary because the documents are part of the district court record.
AFFIRMED.

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