Juan Haines v. W. Hill

FILED NOT FOR PUBLICATION AUG 02 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JUAN MORENO HAINES, No. 08-17394 Plaintiff - Appellant, D.C. No. 5:06-cv-02211-RMW v. MEMORANDUM * W. HILL, Associate Warden; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Ronald M. Whyte, District Judge, Presiding Submitted July 19, 2010 ** Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. Juan Moreno Haines, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants denied him access to the courts. We have jurisdiction under 28 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1291. We review de novo. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir. 1994) (per curiam). We affirm. Haines contends that prison officials violated his right to access the courts by not treating his letter to the California Claims Board as legal mail. The district court properly granted summary judgment because Haines did not demonstrate that the defendants caused him an actual injury. See Lewis v. Casey, 518 U.S. 343, 353-55 (1996) (explaining actual injury requirement). Haines’s remaining contentions are unpersuasive. AFFIRMED. 2 08-17394