Hurd
Hurd v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
Dale Ray Hurd, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1988 action alleging denial of access to the courts and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Barnett v. Centoni 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.
With respect to Hurd’s access to the courts claim, we conclude that he failed to establish that he suffered an actual injury attributable to law library inadequacies with respect to his federal habeas corpus petition. See Lewis v. Casey, 518 U.S. 343, 348-49 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996). With respect to his access to the courts claim relating to his state habeas corpus petition, we conclude that he waived this claim by failing to delineate it specifically and explicitly in his opposition to defendant’s motion for summary judgment. See Whittaker Corp. v. Execuair Corp., 953 F.2d 510, 515 (9th Cir.1992).
We also affirm the district court’s grant of summary judgment on Hurd’s retaliation claim. See Barnett, 31 F.3d at 816 .