Devonte Harris v. Mike Gardner

MEMORANDUM

California state prisoner Devonte Bernard Harris appeals pro se from the dis trict court’s summary judgment in his 42 U.S.C. § 1988 action alleging that defendants violated his right of access to the courts. We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo, Little v. City of Seattle, 863 F.2d 681, 682 (9th Cir.1988), and we affirm.

The district court properly granted summary judgment because Harris failed to raise a genuine dispute of material fact as to whether he suffered an actual injury as a result of the correctional officers not shutting the office door while he was talking to his attorney on the phone. See Lewis v. Casey, 518 U.S. 343, 348-53 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (aceessto-courts claim requires plaintiff to show that defendants’ conduct caused actual injury to a non-frivolous legal claim); Cafasso, U.S. ex rel v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping conclusory allegations.”).

The district court did not abuse its discretion by granting defendants’ motion to stay…