FILED
NOT FOR PUBLICATION OCT 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN HARDNEY, No. 09-17464
Plaintiff - Appellant, D.C. No. 2:04-cv-00476-JAM-
KJM
v.
ANTHONY LAMARQUE, Warden; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted September 22, 2010 **
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
The district court properly granted summary judgment because the
uncontroverted evidence shows that defendants’ alleged acts or omissions did not
*
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).
09-17464
cause Hardney’s untimely filing of a habeas petition. See Vandelft v. Moses, 31
F.3d 794, 797-98 (9th Cir. 1994) (prisoner alleging inadequate access to courts
must show how inadequate access caused actual injury); see also Glenn K. Jackson
Inc. v. Roe, 273 F.3d 1192, 1202 (9th Cir. 2001) (“[A] district court may grant
summary judgment on any legal ground the record supports.”) (citation and
internal quotation marks omitted).
Hardney’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-17464