Public-domain · open source
OpenJurist

41 F. App'x 997

Murphy v. Moran

U.S. Courts of Appeals

Decided July 29, 2002

U.S. Courts of Appeals · decided 2002-07-29

Applies 28 U.S.C. § 1291 · 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 · Barnett v. Centoni

Decided 2002-07-29

¶1MEMORANDUM …

¶2Kevin Murphy, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging denial of access to the courts and retaliation. 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 affirm.

¶3Although Murphy has alleged actual injury, because the delay in providing access to legal materials was reasonably related to the legitimate penological interest of disciplining Murphy for rule violations, the district court properly granted summary judgment on Murphy’s aceess-to-thecourts claim. See Lewis v. Casey, 518 U.S. 343, 361-62, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). Summary judgment on Murphy’s failure to process legal mail claim was proper because Murphy did not allege actual injury. See id. at 349.

¶4Because there was “some evidence” to support the decisions to restrict Murphy’s access to the library, and because the restrictions served the legitimate penological purpose of maintaining prison discipline, the district court properly granted summary judgment on Murphy’s retaliation claim. See Barnett, 31 F.3d at 816.

¶5We reject Murphy’s remaining contentions on appeal.

¶6AFFIRMED.

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

/41/fappx/997 · .json · Public domain