Davis

Davis v. Knowles

Good Law
328 F. App'x 557
United States Court of Appeals for the Ninth CircuitJuly 7, 2009No. 08-17486California353 words

Opinion

Lead Opinion

MEMORANDUM **

Bryan Davis, Sr., appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging that prison officials interfered with his legal documents and were deliberately indifferent to his safety. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Ramirez v. Galaza, 334 F.3d 850, 853-54 (9th Cir.2003), and we affirm.

The district court properly dismissed Davis’ interference with legal documents claim pursuant to 28 U.S.C. § 1915A(b)(l) because Davis did not demonstrate any actual injury. See Lewis v. Casey, 518 U.S. 343, 348-49 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (explaining that to establish a violation of the right of access to the courts, a prisoner must show that he suffered actual prejudice with respect to contemplated or existing litigation).

Davis’ complaint also asserted that prison officials were liable for an altercation that occurred between him and his cell mate in 2004. Davis asserted that several months before the altercation, he informed officials that he should not be housed with a cell mate and that officials laughed at him and disregarded his request. The district court advised Davis that in order…

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.