Opinion
No. CIV S-05-0437 LKK GGH P.
August 23, 2006
ORDER
On July 12, 2006, plaintiff filed a motion requesting that he be transferred to a new prison. Plaintiff is currently housed at Pelican Bay State Prison (PBSP). He alleges that his access to the law library is limited at PBSP because he is not in a regular program.
Plaintiff does not allege that he has suffered an actual injury as a result of his allegedly inadequate law library access.Lewis v. Casey, 518 U.S. 343, 349, 354 (1996) (holding that a prisoner claiming unconstitutional denial of access to the courts must allege actual injury and that the mere inability to litigate effectively is insufficient).
Accordingly, IT IS HEREBY ORDERED that plaintiff's July 12, 2006, motion for a transfer due to inadequate law library access is denied.