Grimes

Grimes v. Small

Good Law
34 F. App'x 279
United States Court of Appeals for the Ninth CircuitFebruary 15, 2002No. 00-55086; D.C. No. CV-99-00310-LABCalifornia511 words

Opinion

Lead Opinion

MEMORANDUM *

Raymond Grimes (“Grimes”) brought this action under 42 U.S.C. § 1983 , alleging that certain officials at Calipatria State Prison violated his right of access to the courts. In particular, Grimes alleged that he was denied access to the prison law library on seven days during the twenty-day period in which he needed to prepare objections to a magistrate’s Report and Recommendation (“R & R”) proposing dismissal of his petition for habeas corpus. The district court dismissed Grimes’s complaint for failure to allege a constitutional violation or an actual injury. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s decision.

DISCUSSION

This Court reviews de novo an order granting a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Wyler Summit P’ship v. Turner Broad. Sys. Inc., 135 F.3d 658 , 661 (9th Cir.1998). Even if Grimes’s right of access to the courts extends to preparing objections to a magistrate’s R & R, Grimes does not allege an actual injury sufficient to state a claim. See Lewis v. Casey, 518 U.S. 343, 349 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996). Because the Supreme Court in Bounds v. Smith, 430 U.S. 817 , 97 S.Ct. 1491 ,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.