Hayes

Hayes v. Woodford

Good Law
276 F. App'x 576
United States Court of Appeals for the Ninth CircuitApril 30, 2008No. 06-56176California326 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Dontay D. Hayes appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional right of access to the courts by denying him adequate access to the law library during prison lock-down periods. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly dismissed Hayes’ action because the allegations in Hayes’ amended complaint demonstrate that, even if his access to the law library was deficient, he did not sustain an actual injury as a result of defendants’ conduct. See Letvis v. Casey, 518 U.S. 343, 351-53 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (holding that there is no abstract freestanding right to a law library, and a prisoner must demonstrate that his efforts to pursue a non-frivolous legal claim were hindered); see also Sands v. Lewis, 886 F.2d 1166, 1171 (9th Cir.1989) (holding *577 that an “actual injury consists of some specific instance in which an inmate was actually denied access to the…

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