Unpublished Dispositiongorden W. See, Plaintiff-appellant, v. Harold Blandford, Defendant-appellee, 911 F.2d 733 (6th Cir. 1990)

Annotate this Case
U.S. Court of Appeals for the Sixth Circuit - 911 F.2d 733 (6th Cir. 1990) Aug. 15, 1990

Before MERRITT, Chief Judge and BOYCE F. MARTIN, Jr., and DAVID A. NELSON, Circuit Judges.


ORDER

The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Gorden W. See filed a civil rights action pursuant to 42 U.S.C. § 1983, claiming that he was not provided, free of charge, forms used to file an application for a writ of habeas corpus under 28 U.S.C. § 2254. See appeals from the district court's order dismissing the case sua sponte as frivolous pursuant to 28 U.S.C. § 1915(d).

Upon consideration, we conclude that this case was properly dismissed, as it lacked any arguable basis in law or fact. Neitzke v. Williams, 109 S. Ct. 1827, 1831 (1989). See has not been denied a reasonable and meaningful opportunity to present his claimed constitutional violations to the courts by the defendant's act of charging See for copies of standard habeas corpus petition forms. Bounds v. Smith, 430 U.S. 817, 825 (1977); Johnson v. Parke, 642 F.2d 377, 380 (10th Cir. 1981) (per curiam). See has not alleged and the record does not show that alternative means of access to the courts were not provided to See or that the defendant's acts prejudiced See's attempts to litigate his claimed violations of constitutional rights. Bounds, 430 U.S. at 830-31; Walker v. Mintzes, 771 F.2d 920, 932 (6th Cir. 1985).

Accordingly, the district court's judgment is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.