NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0191-17T3
ANIL NAYEE,
Plaintiff-Appellant,
v.
NEW JERSEY DEPARTMENT
OF CORRECTIONS,
Defendant-Respondent.
___________________________
Submitted November 15, 2018 – Decided December 3, 2018
Before Judges Alvarez and Reisner.
On appeal from the New Jersey Department of
Corrections.
Anil Nayee, appellant pro se.
Gurbir S. Grewal, Attorney General, attorney for
respondent (Melissa Dutton Schaffer, Assistant
Attorney General, of counsel; Erica R. Heyer, Deputy
Attorney General, on the brief).
PER CURIAM
Anil Nayee, a prison inmate, appeals from an August 2, 2017 decision, in
the form of an email from Prison Administrator Steven Johnson, notifying Nayee
that he was entitled to use the prison law library for five hours per week. After
reviewing the record, we affirm. We also conclude that Nayee's appellate
arguments are without sufficient merit to warrant discussion in a written
opinion. R. 2:11-3(e)(1)(E). However, we add the following brief comments.
According to his appellate brief, Nayee requested access to the law library
in order to prepare his petition for certification from an Appellate Division
decision affirming the denial of his second petition for post-conviction relief.
The Department of Corrections brief and appendix demonstrate that Nayee
accessed the law library for about eighteen hours between May 15 and June 15,
2017, and he filed the petition with the Supreme Court on June 26, 2017. While
the petition was initially rejected for failure to file the required number of
copies, Nayee's brief does not document a connection between that deficiency
and an alleged inadequate opportunity to conduct legal research. On this record,
we cannot conclude that Nayee was deprived of reasonable access to the law
library.
Affirmed.
A-0191-17T3
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