Mark Stanley v. Superior Court of California

MEMORANDUM

Mark William Stanley, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts and related state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Stanley’s access-to-courts claim because an inmate’s constitutional right to access the courts is limited to attacks on his or her conviction, sentence, or conditions of confinement. See Lewis v. Casey, 518 U.S. 343, 355 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996). “Impairment of any other litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration.” Id. (emphasis in original).

Stanley’s remaining contentions are unpersuasive.

We assume that the district court declined to exercise supplemental jurisdiction over Stanley’s state law claims after dismissing his § 1983 claim, and therefore…