Steeves v. Commissioner

U.S. Court of Appeals for the First Circuit

Steeves v. Commissioner

Opinion

USCA1 Opinion




December 11, 1995 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________



No. 95-1676


RICHARD EDWARD STEEVES,

Plaintiff, Appellant,

v.

MAINE COMMISSIONER, DEPARTMENT OF CORRECTIONS, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Gene Carter, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Boudin and Stahl, Circuit Judges. ______________

____________________

Richard Edward Steeves on brief pro se. ______________________
Andrew Ketterer, Attorney General, and Diane Sleek, Assistant ________________ ____________
Attorney General, on brief for appellees.


____________________


____________________






















Per Curiam. Appellant Richard Steeves, a Maine prisoner __________

now incarcerated in Minnesota, appeals the grant of summary

judgment to defendant officials of the Maine Department of

Corrections on Steeves' claim that defendants denied him

constitutionally adequate access to Maine courts. We affirm.

According to the record, defendants offered to provide

Steeves with an attorney through Pine Tree Legal Assistance

to assist him in his post conviction proceedings. In order

to take advantage of this offer, Steeves was directed to

write to the Chief Advocate of the Maine Department of

Corrections. Instead of following this procedure, Steeves

contacted Pine Tree Legal Assistance directly and apparently

sought legal assistance not for his post conviction

proceeding but for obtaining a transfer back to Maine. He

was informed by Pine Tree Legal Assistance that it did not

generally handle prison transfer cases.

The fact that Steeves' failed in his attempt to obtain

legal assistance directly from Pine Tree Legal Assistance

does not indicate that such assistance would have been

refused if Steeves had applied through the proper channels.

Steeves has therefore failed to produce any evidence that

defendants' offer to provide him with legal assistance was

not genuine.

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___





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Reference

Status
Published