James Conway v. A. L. Oliver

This California state prisoner, James Conway, appeals from the dismissal by the District Court for the Eastern District of California’ of his action seeking damages under the Civil Rights Act, 42 U.S.C. §§ 1981 , 1983 and 1985(3). He specifically alleges that the appellees, prison officials, conspired to separate him from his legal papers for some thirty days and caused him to be transferred from San Quentin to Folsom Prison. He claims that all of this denied him access to the courts. The legal papers were in his cell contained in a manila envelope which also contained “two stabbing instruments.”

The district court granted Conway’s motion to proceed in forma pauperis, 28 U.S.C. § 1915 (a). Summons was served on defendants who moved to dismiss upon the grounds that the complaint failed to state a cause of action upon which relief could be granted, and that the action was “frivolous” and “malicious.” 28 U.S.C. § 1915 (d).

The plaintiff is entitled to reasonable access to the courts and deprivation of that right is actionable. Stiltner v. Rhay, 322 F.2d 314 (9th Cir. 1963), cert. denied, 376 U.S. 920 , 84 S.Ct. 678 , 11 L.Ed.2d 615 (1964). It has also been held in another analogous…