Curley v. Perry

EBEL, Circuit Judge.

George Michael Curley filed this pro se civil-rights action seeking to restrict inmate-to-inmate correspondence in the New Mexico prison system. Acting sua sponte under 28 U.S.C. § 1915(e)(2) and Federal Rule of Civil Procedure 12(b)(6), the district court dismissed his complaint with prejudice because it failed to state a claim upon which relief could be granted. We granted Curley’s motion for leave to proceed on appeal without prepayment of costs or fees, appointed counsel, and directed supplemental briefing on the constitutionality of § 1915(e)(2)(B)(ii). (Order of…