Henry Enrique Montoya, Jr. v. James P. McFadden Victor Ruboyianes

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry Enrique MONTOYA, Jr., Plaintiff-Appellant, v. James P. McFADDEN; Victor Ruboyianes, Defendants-Appellees. No. 95-16915. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Henry Enrique Montoya, Jr., an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. § 1983 action for failure to state a claim. Montoya alleges that in April 1995 he was denied access to a prison law library for a month under a regulation barring prisoners who pose security risks. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed.R.Civ.P. 12(b)(6) to determine whether the plaintiff could prove any set of facts in support of his claim that would entitle him to relief. E.g., Sands v. Lewis, 886 F.2d 1166, 1168 (9th Cir.1989). We will affirm. 3…