Thomas Heilman v. L. Sanchez

MEMORANDUM

Thomas John Heilman, a state prisoner, appeals from the district court’s order dismissing his action under 42 U.S.C. § 1983 . The complaint alleges that prison officials violated his right of access to the courts and retaliated against him for using the prison grievance process. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the,dismissal of a prisoner’s complaint under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007). Although Heilman was afforded counsel on appeal, his original and amended complaints were filed pro se and are therefore read with the solicitude normally afforded pro se plaintiffs. See Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir.2010). We affirm in part, reverse in part, and remand.

The district court properly dismissed the claim that defendant Sanchez’s refusal to photocopy certain documents impaired an action that Heilman had filed in state court. Because that action did not attack Heilman’s sentence or challenge the conditions of his confinement, he was not entitled to affirmative assistance in the preparation of his case. See Lewis v. Casey, 518 U.S. 343, 355 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (the…