Paul B. Owens v. Joseph R. Brierley, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Appellant Owens, a prisoner in the State Correctional Institution, Pittsburgh, Pennsylvania, filed a complaint in the district court, alleging jurisdiction under 42 U.S.C. § 1983 (1971) and seeking injunctive relief against the Superintendent of the Institution. The complaint alleges that although one-half of the prison population is Negro, only two Negro magazines are allowed in the prison, while 123 magazines catering to the taste of white inmates are allowed. It alleges that when he requested leave to subscribe to the national magazine SEPIA the…