Lynn Marshall McCloud v. Vincent Sweeney

Good Law
981 F.2d 1258·1992 WL 389264·1992 U.S. App. LEXIS 36581
United States Court of Appeals for the Ninth CircuitDecember 28, 199292-15397California717 words

Opinion

Opinion

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lynn Marshall MCCLOUD, Plaintiff-Appellant, v. Vincent SWEENEY, Defendant-Appellee. No. 92-15397. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 28, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Lynn Marshall McCloud, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of the defendant in his 42 U.S.C. § 1983 civil rights action. He contends that he was denied his constitutional right of access to the courts because the Washoe County Detention Facility, where he was detained pending his criminal trial, did not have a law library. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990), and affirm. 3 Summary judgment is appropriate if, viewing the evidence in the light most…

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