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Michael v. Terhune

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 298 (9th Cir. 2003)

Opinion


73 Fed.Appx. 298 (9th Cir. 2003) John J. MICHAEL, Reg.# D-85026, Plaintiff--Appellant, v. Cal A. TERHUNE; et al., Defendants--Appellees, and Edward S. ALAMEIDA, Jr.; et al., Defendants. No. 02-17507. D.C. No. CV-02-01275-GEB(DAD). United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California, Garland E. Burrell, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

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.

California state prisoner John Michael appeals pro se the district court's summary judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants denied him access to the courts. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal pursuant to 28 U.S. C.§ 1915(A). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm for any reason supported by the

Page 299.

record. Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam).

Michael alleges that he was denied access to his legal materials for seven months, which prevented him from submitting a brief to "to substantiate" his certificate of appealability ("COA"). However, this Court did not deny his COA on the merits. See Michael v. Pliler, 00-15035 order (9th Cir. Sept. 19, 2000), ("The request for appealability is denied. See Fed. R.App. P. 4(a) (notice of appeal must be filed within 30 days of entry of judgment)"). Consequently, Michael failed to show that he suffered an actual injury to his constitutional rights of access to the courts and due process, and the district court properly dismissed this action. See Lewis v. Casey, 518 U.S. 343, 351-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996).

AFFIRMED.


Summaries of

Michael v. Terhune

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 298 (9th Cir. 2003)
Case details for

Michael v. Terhune

Case Details

Full title:John J. MICHAEL, Reg.# D-85026, Plaintiff--Appellant, v. Cal A. TERHUNE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

73 F. App'x 298 (9th Cir. 2003)