John Hardney v. Anthony LaMarque, et al, No. 09-17464 (9th Cir. 2010)
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FILED OCT 06 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOHN HARDNEY, No. 09-17464 Plaintiff - Appellant, D.C.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-JAMKJM 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
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