Chappell
Chappell v. McCargar
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellant Rex Chappell (Chappell) appeals the dismissal of his 42 U.S.C. § 1983 and related state law claims against prison officials, McCargar, Hoffman, Martel, and Pliler (collectively, “the defendants”). Chappell’s main claims are that the defendants violated his right of access to the courts by confiscating his opening brief for a pending appeal (or ratifying its confiscation) and that the defendants denied him photocopying services and confiscated his legal materials in retaliation for Chappell’s exercising his First Amendment right to raise grievances. The district court dismissed the federal causes of action for failure to state a claim and declined to exercise supplemental jurisdiction over the state claims. We reverse and reinstate Chappell’s federal claims. In addition, we order the district court to reconsider the question of supplemental jurisdiction over the state law claims in light of the reinstatement of the federal claims.
Accepting all well-pleaded facts in Chappell’s complaint as true, which we must do at this procedural stage, Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595 (9th Cir.2004), appellant claims that the defendants denied…