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388 F. App'x 699

John Entler v. Eldon Vail

U.S. Courts of Appeals

Decided July 20, 2010

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U.S. Courts of Appeals · decided 2010-07-20

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Lewis Director Arizona Department of Corrections v. Casey · Max Lopez Jr v. Ga Smith Larry Loo a Acevedo Patterson 4a-2r · Tarza Nelson-Cross v. Barbara Heiss

Decided 2010-07-20

¶1 MEMORANDUM …

¶2 John Thomas Entler, a Washington State prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, see Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir.2001), and we affirm.

¶3 *700 The district court properly dismissed Entler’s action because defendant was not required to assist Entler in serving the summonses and complaints in his prior state court actions challenging the conditions of his confinement under state law. See Lewis v. Casey, 518 U.S. 343, 354-55, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (the constitutional right of access to courts applies only to habeas petitions in which inmates directly or collaterally attack their convictions or sentences, and to federal civil rights actions in which they challenge the conditions of their confinement under federal law); see also Cornett v. Donovan, 51 F.3d 894, 896 (9th Cir.1995) (right of access to the courts “is designed to ensure that a habeas corpus petition or a [federal] civil rights complaint of a person in state custody will reach a court for consideration”).

¶4 The district court did not abuse its discretion by denying Entler leave to amend because he could no longer add new claims against new parties as a matter of right, see Fed.R.Civ.P. 15., and the deficiencies in his complaint could not be cured, see Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc).

¶5 The district court also properly entered a strike against Entler under the Prison Litigation Reform Act on the ground that Entler’s action failed to state a claim. See 28 U.S.C. § 1915(g).

¶6 Entler’s remaining contentions are unpersuasive.

¶7 AFFIRMED.

…

¶8 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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