Bounsall
United States v. Bounsall
Opinion
Lead Opinion
MEMORANDUM **
Davy Jay Bounsall, a federal prisoner, appeals pro se the denial of his “petition to reconsider this courts [sic] order denying petitioner his rights and access to his legal material.” (“Petition.”) 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, United States v. Lefler, 880 F.2d 233, 235 (9th Cir.1989), and we affirm.
Bounsall requests total access to his legal materials for the purpose of filing a second or successive section 2255 motion to attack his conviction and sentence. Because Bounsall failed to show that his restriction from his legal materials resulted in actual injury, see, e.g., Sands v. Lewis, 886 F.2d 1166 (9th Cir.1989), the district court did not err in denying his petition.
To the extent that Bounsall now seeks to file an application for authorization of a second or successive 28 U.S.C. § 2255 motion, that request is denied without prejudice to filing an application that complies with the requirements of Ninth Circuit Rule 22-3.
If Bounsall elects to file an application in this court for authorization to file a second or successive 28 U.S.C. § 2255 motion in the district court, Bounsall must show: