Magarrell

MEMORANDUM **

Troy Magarrell, a California state prisoner, appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action in which he alleged constitutional violations in connection with his state court products liability lawsuit.

Magarrell asserted that in 2003, while in a high security yard in prison, he was stabbed by another inmate who used an inmate manufactured metal weapon even though the entrance to the yard was controlled by a metal detector. Magarrell filed a products liability claim in Lassen County Superior Court against the manufacturer of the metal detector, Garret Metal Detectors. According to Magarrell, the lawsuit resulted in a summary judgment against him. Magarrell subsequently filed this § 1983 action in district court, asserting that the Superior Court allowed perjured evidence, improperly denied his request for a special investigator and made numerous evidentiary and procedural errors.

We agree with the district court’s conclusion that Magarrell’s § 1983 action improperly sought review of his state court litigation. Because Magarrell’s action amounted to a “de facto appeal seeking federal relief from state court orders and judgments,”…