Shevchynski

Shevchynski v. Velure

Good Law
308 F. App'x 167
United States Court of Appeals for the Ninth CircuitJanuary 14, 2009No. 07-35613California281 words

Opinion

Lead Opinion

*168 MEMORANDUM **

Nick Shevchynski appeals pro se from the district court’s judgment dismissing for failure to state a claim, pursuant to 28 U.S.C. § 1915 (e)(2), his 42 U.S.C. § 1983 action against Oregon judicial officials for allegedly infringing upon his access to the courts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Ove v. Gwinn, 264 F.3d 817, 821 (9th Cir.2001), and we affirm.

The district court properly dismissed because, even assuming that defendants were not immune from Shevehynski’s claims, the allegations in the complaint failed to state a claim upon which relief could have been granted. See id. at 824 (“To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States ... [and t]o the extent that the violation of a state law amounts to the deprivation of a state-created interest that reaches beyond that guaranteed by the federal Constitution, Section 1983 offers no redress.”) (internal quotation marks omitted); see also M.L.B. v. S.L.J, 519 U.S. 102, 113 , 117 S.Ct. 555 , 136 L.Ed.2d 473 (1996) (explaining that there exists only “a narrow category of civil cases in…

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.