Grimes
Grimes v. Small
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 ,…