U.S. Court of Appeals for the Ninth Circuit, 2005

Mendoza v. McCarger

Mendoza v. McCarger
U.S. Court of Appeals for the Ninth Circuit · Decided May 13, 2005 · Canby, Pregerson, Thomas
131 F. App'x 543

Mendoza v. McCarger

Opinion of the Court

MEMORANDUM**

Ramon Z. Mendoza, III, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional right to access the courts. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir. 1994) (per curiam), and we affirm.

The district court properly granted summary judgment for defendants because Mendoza failed to raise a genuine issue of material fact as to whether the prison library’s mishandling of his legal documents caused his claimed injury. See Lewis v. Casey, 518 U.S. 343, 351, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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