Public-domain · open source
OpenJurist

471 F. App'x 634

Devonte Harris v. Mike Gardner

U.S. Courts of Appeals

Decided March 7, 2012

This page is marked noindex.

U.S. Courts of Appeals · decided 2012-03-07

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1988

Relies on Lewis Director Arizona Department of Corrections v. Casey · Cafasso v. General Dynamics C4 Systems, Inc. · Little v. City of Seattle

Decided 2012-03-07

¶1 MEMORANDUM

¶2 California state prisoner Devonte Bernard Harris appeals pro se from the dis *635 trict court’s summary judgment in his 42 U.S.C. § 1988 action alleging that defendants violated his right of access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review summary judgment de novo, Little v. City of Seattle, 863 F.2d 681, 682 (9th Cir.1988), and we affirm.

¶3 The district court properly granted summary judgment because Harris failed to raise a genuine dispute of material fact as to whether he suffered an actual injury as a result of the correctional officers not shutting the office door while he was talking to his attorney on the phone. See Lewis v. Casey, 518 U.S. 343, 348-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (aceessto-courts claim requires plaintiff to show that defendants’ conduct caused actual injury to a non-frivolous legal claim); Cafasso, U.S. ex rel v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping conclusory allegations.”).

¶4 The district court did not abuse its discretion by granting defendants’ motion to stay discovery. See Little, 863 F.2d at 685 (district court did not abuse its discretion by staying discovery until the issue of immunity was decided because discovery could not have affected summary judgment).

¶5 Harris’s remaining contentions are unpersuasive.

¶6 AFFIRMED.

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

/471/fappx/634 · .json · Public domain