Gonzalez

ORDER

The memorandum disposition filed on April 28, 2009, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

Jackson’s petition for panel rehearing is denied as moot.

Appellees may file a petition for rehearing within 14 days of the issuance of the replacement memorandum disposition.

MEMORANDUM **

Arthur Duane Jackson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his right to access the courts by denying him access to two boxes of legal materials. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s order granting summary judgment. Midwater Trawlers Coop. v. Dep’t of Commerce, 393 F.3d 994 , 1002 (9th Cir.2004). We affirm in part, vacate in part, and remand.

Jackson presented evidence that defendants denied him any access to one box of legal materials, thereby preventing him from challenging his conviction and sentence in state court. The district court’s order granting summary judgment did not address this claimed injury. We therefore vacate in part summary judgment and remand for further…