MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
Re: Notice of Action Taken on Correspondence
To Whom It May Concern:
We are in receipt of your Notice of Action Taken for the publication of Under Lock & Key Issue 81 (hereafter “ULK”) sent to Mr. XXXXXX, dated July 17, 2023.
The listed reason for censorship is “DENIED OII STG FRONT PAGE NEW AFRIKA, LAST BLACK PANTHERS.”
Please refer to Crofton v. Roe, 170 F.3d 957 (9th Cir. 1999) where the courts found that when censoring publications on the basis of security concerns prison, it is unacceptable that authorities do not, “attempt to explain in what way publications, by any particular characteristics of their own, threaten security or contribute to other problems the state asserts the regulations are designed to avoid.” The courts further found that such censorship is not allowable when, “the state offered absolutely no specific facts or explanation to support its argument [of censorship],” as you have done so here.
As the publisher, we have a First Amendment right to correspond with prisoners, including through publications such as Under Lock & Key. See Thornburgh v. Abbott, 490 U.S. 401, 407-08 (1989). The publisher also has a due process right to adequate notice of censorship. See Lane v. Lombardi, 2:12-cv-4219 (W.D. Mo. Nov. 15, 2012). Furthermore, Prison Legal News v. Jones, 126 F. Supp. 3d 1233 (N.D. Fla. 2015) found that if, “a subsequent impoundment decision is based on a different reason not previously shared with PLN, due process requires that PLN be told of this new reason” (emphasis added). Should you decide censor ULK on different grounds, we expect to be notified.
We request the decision to withhold issue 81 of Under Lock & Key be vacated and the publication be forwarded to Mr. XXXXXX.
Your previous refusal to detail the terms of censorship is patently unconstitutional. Failure to provide appropriate notice and adherence to your policies may result in legal action.
page(s) _13_ that mentions custody staff by name, institution, and assigned post location. This information could place custody staff open to any form of violence.
California Department of Corrections and Rehabilitation
California City Correctional Facility
Attn: D. Stump
22844 Virginia Blvd
P.O. Box 2626
California City, CA 93505
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 81
To Whom It May Concern:
We are in receipt of your Censorship Notification of issue 81 of Under Lock & Key (hereinafter, ULK). We are the publishers of Under Lock & Key.
The notice cites page 13 as containing objectionable material which allegedly violates California Code of Regulations Title 15 Section 3006 (1) in that it allegedly contains “matter of a character tending to incite murder,; arson, riot; or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.” You specifically note that the material contains information which “could place custody staff open to any form of violence.”
We have reviewed ULK and do not believe it meets the criteria laid out in the California Code of Regulations Title 15 Section 3006 (1). Nor do we believe that the airing of grievances against specific prison officials at a separate facility places them “open to any form of violence.”
In fact, in Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, the Supreme Court held that the censorship of statements which “magnify grievances” is unconstitutional.
As the publisher, we have a First Amendment right to correspond with prisoners, including through publications such as Under Lock & Key. See Thornburgh v. Abbott, 490 U.S. 401, 407-08 (1989). The publisher also has a due process right to adequate notice of censorship. See Lane v. Lombardi, 2:12-cv-4219 (W.D. Mo. Nov. 15, 2012). Furthermore, Prison Legal News v. Jones, 126 F. Supp. 3d 1233 (N.D. Fla. 2015) found that if, “a subsequent impoundment decision is based on a different reason not previously shared with PLN, due process requires that PLN be told of this new reason.” (emphasis added)
We request the decision to withhold issue 81 of Under Lock & Key be vacated and the publication be forwarded to Mr. XXXXXX. Failure to provide appropriate notice and adherence to your policies may result in legal action.
ON June 20 2023 I receive notice of confiscated newspaper from the mailroom Chambers on state form 11984 which came from the mailroom No. 81, Spring 2023 was confiscated and also denied on "STG" front page New Afrika. Chambers then sent my newspaper to I.I. Chambers just says "STG" + then confiscated my newspaper. Chambers has a problem (a personal problem) with MIM Distributors. If this newspaper was considered propaganda to the U.S. Postal Service tehy would not allow MIM the privilege to use the U.S. Postal system without some type of penalties imposed on MIM. Chambers continues to censor MIM publications and also I.I.
[State the relieve that you are seeking ]
1. for Chambers and I.I. to release this publication to me
2. for Chambers and I.I. to stop censoring MIM publications
3. No retaliation from Chambers and I.I. for filing this grievance
4. for Chambers to notify MIM that their publication was confiscated so MIM can appeal
5. for any and all just proper relief
MIM Distributors
PO Box 40799
San Francisco, CA 94140
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
26 May 2023
RE: 16 May Notice of Action Taken on Correspondence
To Whom It May Concern,
We are in receipt of five notices dated and postmarked 5/16/2023 from Pendleton Correctional Facility’s mail room. This letter is responding to those notices because we do not agree with the decision to censor our mail.
All five notices give the reason: “DENIED OII STG FRONT PAGE NEW AFRIKA"
As I’ve notified you of in my previous letters, there is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons. In this case the reason cited is “FRONT PAGE NEW AFRIKA”. New Afrika is a name for people of African descent who were brought to the new world of North America to be slaves and continue to live in this country. New Afrika is not a Security Threat Group, it is a nationality made up of diverse people.
I never received a response to my previous appeals, but I do know that the prisoners did not receive the literature, so I am assuming that you upheld the previous decisions that our mail was “STG” material. Therefore I am requesting the IDOC’s rules that defines how material can be deemed to be “STG” so that we can be better equipped to avoid these problems in the future.
Once again, I am requesting that you deliver the mail in question (which I believe to be Under Lock & Key Issue 81) to their intended recipients as soon as you are able to.
Sincerely,
05/28/2023
Prisoner Files Offender Grievance form 45471
Show Text
On May 16, 2023 MIM Distributors sent me a newspaper, however that newspapr was confiscated, Spring 2023 No. 81. Citing OII STG Front page New Afrika. My question to Ms. Chambers, what does New Afrika have to do with STG? MIM Under Lock & Key does not promote racism and/or religious oppression and the superiority of one race/religion/political group over another. STG cannot be used as an excuse to censor people for their political beliefs. Also on the notice of report of action taken on correspondence why wasn't I informed that I had a right to appeal your decision?
[State the relief that you are seeking]
I would like for Ms. Chambers to stop using STG as an excuse to censor my mail, and to forward my newspaper to me immediately.
I don't expect my grievance to be responded to which is why I'm forwarding a copy to the courts keeping them abreast of my situation.
MIM Distributors
PO Box 40799
San Francisco, CA 94140
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
26 May 2023
RE: 16 May Notice of Action Taken on Correspondence
To Whom It May Concern,
We are in receipt of five notices dated and postmarked 5/16/2023 from Pendleton Correctional Facility’s mail room. This letter is responding to those notices because we do not agree with the decision to censor our mail.
All five notices give the reason: “DENIED OII STG FRONT PAGE NEW AFRIKA"
As I’ve notified you of in my previous letters, there is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons. In this case the reason cited is “FRONT PAGE NEW AFRIKA”. New Afrika is a name for people of African descent who were brought to the new world of North America to be slaves and continue to live in this country. New Afrika is not a Security Threat Group, it is a nationality made up of diverse people.
I never received a response to my previous appeals, but I do know that the prisoners did not receive the literature, so I am assuming that you upheld the previous decisions that our mail was “STG” material. Therefore I am requesting the IDOC’s rules that defines how material can be deemed to be “STG” so that we can be better equipped to avoid these problems in the future.
Once again, I am requesting that you deliver the mail in question (which I believe to be Under Lock & Key Issue 81) to their intended recipients as soon as you are able to.
MIM Distributors
PO Box 40799
San Francisco, CA 94140
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
26 May 2023
RE: 16 May Notice of Action Taken on Correspondence
To Whom It May Concern,
We are in receipt of five notices dated and postmarked 5/16/2023 from Pendleton Correctional Facility’s mail room. This letter is responding to those notices because we do not agree with the decision to censor our mail.
All five notices give the reason: “DENIED OII STG FRONT PAGE NEW AFRIKA"
As I’ve notified you of in my previous letters, there is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons. In this case the reason cited is “FRONT PAGE NEW AFRIKA”. New Afrika is a name for people of African descent who were brought to the new world of North America to be slaves and continue to live in this country. New Afrika is not a Security Threat Group, it is a nationality made up of diverse people.
I never received a response to my previous appeals, but I do know that the prisoners did not receive the literature, so I am assuming that you upheld the previous decisions that our mail was “STG” material. Therefore I am requesting the IDOC’s rules that defines how material can be deemed to be “STG” so that we can be better equipped to avoid these problems in the future.
Once again, I am requesting that you deliver the mail in question (which I believe to be Under Lock & Key Issue 81) to their intended recipients as soon as you are able to.
MIM Distributors
PO Box 40799
San Francisco, CA 94140
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
26 May 2023
RE: 16 May Notice of Action Taken on Correspondence
To Whom It May Concern,
We are in receipt of five notices dated and postmarked 5/16/2023 from Pendleton Correctional Facility’s mail room. This letter is responding to those notices because we do not agree with the decision to censor our mail.
All five notices give the reason: “DENIED OII STG FRONT PAGE NEW AFRIKA"
As I’ve notified you of in my previous letters, there is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons. In this case the reason cited is “FRONT PAGE NEW AFRIKA”. New Afrika is a name for people of African descent who were brought to the new world of North America to be slaves and continue to live in this country. New Afrika is not a Security Threat Group, it is a nationality made up of diverse people.
I never received a response to my previous appeals, but I do know that the prisoners did not receive the literature, so I am assuming that you upheld the previous decisions that our mail was “STG” material. Therefore I am requesting the IDOC’s rules that defines how material can be deemed to be “STG” so that we can be better equipped to avoid these problems in the future.
Once again, I am requesting that you deliver the mail in question (which I believe to be Under Lock & Key Issue 81) to their intended recipients as soon as you are able to.
If you haven't forwarded MIM ULK 81 to I.I. then please forward it on to me. You received it several days ago. I'm sure you're going to confiscate citing "STG." Or should I say you've already retaliated and forwarded onto I.I.
Please respond.
Thank you
Action: First, no retaliation. Second I have not confiscated anything as of 8:00AM 5/15/23. Nor has anything been sent to OII. Thank You.
By: [signed] Chambers 5-15-26 [sic]
05/19/2023
prisoner appealed
Show Text
On 5-16-23, I received a notice and report of action on Correspondence State Form 11984. This was a notice by Mailroom Chambers that material from MIM Distributors ULK 81, Spring 2023 had been confiscated and denied OII "STG" front page New Afrika. On 5-14-23 I sent Chambers a request asking her if she had already confiscated MIM's No. 81 and forwarded to Internal Investigations citing "STG." Chambers responded on 5-15-26 as of 8:00 am 5-15-23, I have not confiscated anything, nor has anything been sent to OII. Chambers comments are very subject and cannot be believable as the MIM No. 81 arrived at Pendleton prior to 5-15-23. Say it did arrive after 8:00 on 5-15-23, Chambers doesn't have time to stop what she is doing, get the MIM material to I.I., and I.I. doesn't have time to go through the entire material which would stop what they are doing. Then Chambers would have to stop what she is doing to communicate with I.I., then type up a notice and report of action, then put it in the mail so I can receive it on 5-16-23. I'm sorry folks. This just isn't possible for all of this to transpire in a single day. This is pure censorship and retaliation by mailroom Chambers and Internal Investigations.
Chambers + I.I. continue time after time to censor MIM's material by allegedly citing "STG." This just isn't the case. They continue to block MIM's material from coming in. MIM's material/books that keep getting censored is knowledgeable material and will allow me to grow as a person but how can I when Chambers and I.I. continue to censor it.
Chambers + I.I. Houchins continue to cause me great pain + stress.
State the relief you are seeking:
1. I want MIM's No.81 to be released to me.
2. I want Chambers + I.I. Houchins to stop censoring and confiscating MIM's material citing "STG."
3. I want Chambers + I.I. Houchins to stop retaliating against me for writing this grievance and past grievances against them.
4. For an and all just proper relief.
05/26/2023
MIM Distributors appealed
Show Text
MIM Distributors
PO Box 40799
San Francisco, CA 94140
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
26 May 2023
RE: 16 May Notice of Action Taken on Correspondence
To Whom It May Concern,
We are in receipt of five notices dated and postmarked 5/16/2023 from Pendleton Correctional Facility’s mail room. This letter is responding to those notices because we do not agree with the decision to censor our mail.
All five notices give the reason: “DENIED OII STG FRONT PAGE NEW AFRIKA"
As I’ve notified you of in my previous letters, there is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons. In this case the reason cited is “FRONT PAGE NEW AFRIKA”. New Afrika is a name for people of African descent who were brought to the new world of North America to be slaves and continue to live in this country. New Afrika is not a Security Threat Group, it is a nationality made up of diverse people.
I never received a response to my previous appeals, but I do know that the prisoners did not receive the literature, so I am assuming that you upheld the previous decisions that our mail was “STG” material. Therefore I am requesting the IDOC’s rules that defines how material can be deemed to be “STG” so that we can be better equipped to avoid these problems in the future.
Once again, I am requesting that you deliver the mail in question (which I believe to be Under Lock & Key Issue 81) to their intended recipients as soon as you are able to.
MIM Distributors
PO Box 40799
San Francisco, CA 94140
Department of Corrections,
ATTN: Library Services Administrator
501 South Calhoun Street
Tallahassee, FL 32399-2500
26 May 2023
RE: 9 May Notice of Rejection or Impoundment of Publications
To Whom It May Concern,
On 10 April 2023 MIM Distributors mailed the enclosed publication, Fundamental Political Line of the Maoist Internationalist Ministry of Prisons, to Mr. XXXXXX XXXXXX #779458. On 15 May 2023 the mailroom at Columbia Correctional Institution mailed a notice to us that this publication was rejected on 9 May 2023. This letter is to appeal that decision.
The reason given for the impounding of this publication is: “PGS: COVER, 4-6, 12 & 14; DRAWINGS CAN BE USED AS TATTOO PATTERNS”
By this logic, any publication with artwork or drawings in them would be forbidden by the FDOC. Yet, I know that is not the case.
There is nothing in the publication about how to make tattoos, promoting tattooing or mentioning tattoos at all. Therefore, it seems this rule is being applied inappropriately and arbitrarily in regards to the publication in question.
I am requesting that you deliver Fundamental Political Line of the Maoist Internationalist Ministry of Prisons to Mr. XXXXXX XXXXXX.
PG 5: support incarcerated citizens of ECI, PG 9: Ad-seg Drives Self-Mutilization; PG 9 Staff bring in fentanyl laced drugs; PG 12: Filing suit against TDCJ staff for setup; PG 13: New Lawsuit Against San Mateo Co Prison Mail Surveillance System
PG 5: Support incarcerated citizens of ECI mobilizing to improve conditions (also has the Warden phone number); PG 9: Ad-Seg Drives Self-Mutilization at least 6 dead in 60 days; PG9 Staff bring in fentanyl-laced drugs, killing prisoners...
CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204
5 April 2023
RE: Censorship for “Books Saturated”
To Whom It May Concern,
We are in receipt of a notice dated and postmarked 3/22/2023 from staffmember Chambers of Pendleton Correctional Facility’s mail room. This letter is to request an appeal to that decision. The reason given for the censorship was “BOOKS SATURATED.”
Did the package get wet during the shipping process? We are certain that no wet books were mailed to XXXXXX XXXXXX (XXXXXX) from MIM Distributors. So if the merchandise was damaged during transit can you please return it so we can replace it. If the book is not damaged beyond use, then we would request an appeal so that Mr. XXXXXX can receive the book.
Either way can you please clarify the condition of the book. Staffmember Chambers has regularly rejected literature mailed by MIM Distributors for frivolous reasons in the past and we are concerned that this is the case again with the book Represent Yourself in Court, which was mailed to Mr. XXXXXX on 8 March 2023.
Sincerely,
04/28/2023
Appeal Review upheld decision
Show Text
Elise Gallaghar, Appeal Review Officer, wrote back to say "These materials were appropriately confiscated per policy"
apparently sending a prisoner a copy of "General Rules of Conduct and Disciplinary Action Guidelines for Employees" is "in contradiction with BP-03.91" according to the DRC letter sent to MIM Distributors
