Ray v. Wyciskalla
Opinion of the Court
ORDER
Hoyt Ray, an Illinois prisoner, appeals from the dismissal of his complaint under 42 U.S.C. § 1983, alleging denial of access to the courts. He argues that the district court overlooked many of his allegations and wrongly concluded that he had not alleged injury. We affirm.
Ray’s principal allegations concern difficulties he encountered while trying to file a petition for certiorari to the United States Supreme Court. He alleged that he missed the filing deadline because library staff lost documents he had given them to copy relating to this petition, and that the law library had been closed for unlawfully long periods of time. He also alleged that some correctional officers opened and read his incoming legal mail outside his presence, even though this mail was clearly marked as coming from a court. Finally he alleged that some of his legal documents were lost or taken from a “legal box,” a box in which he stored legal documents in the library.
The district court dismissed Ray’s complaint at screening for failure to state a claim. 28 U.S.C. § 1915A(b)(l). According to the court, Ray’s claim against the library staff alleged only negligence, which is insufficient to state a claim of denial of access to the courts. Ray’s allegations about the closed library also did not state a claim, the court added, because Ray did not allege suffering actual prejudice. The court next determined that Ray’s allegations of interference with his legal mail did not state a claim because the inadvertent or negligent opening of an occasional legal letter was not actionable, and in any event he did not allege being harmed. Last the court found that Ray did not state any constitutional claim with regard to his property missing from his “legal box” because the state provided a sufficient post-deprivation remedy to redress that loss. The court later denied Ray’s motion for postjudgment relief.
AFFIRMED.
Reference
- Full Case Name
- Hoyt RAY v. Lynn S. WYCISKALLA
- Cited By
- 4 cases
- Status
- Published