Searcy

Searcy v. Ada County

Good Law
239 F. App'x 327
United States Court of Appeals for the Ninth CircuitJune 15, 2007Nos. 06-35573, 06-35585California335 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated eases, Idaho state prisoner Barry Searcy appeals pro se from the district court’s orders dismissing his 42 U.S.C. § 1983 actions alleging defendants violated his constitutional rights and Idaho state law by failing to bring criminal charges pursuant to Searcy’s citizen complaint against the Senior Accountant for the Idaho Department of Corrections (“DOC”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of an action pursuant to 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Searcy’s claims that defendants violated his right of access to the courts when they concluded his citizen complaint did not provide probable cause to prosecute the DOC accountant under the criminal law. See Lewis v. Casey, 518 U.S. 343, 348, 355 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (the impairment of prisoners’ capacities to litigate, other than to attack their sentences or challenge the conditions of their confinement, are “simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration”).

Moreover,…

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