Richard Burch, Jr., Plaintiffs-appellees, v. Brian Gunn, Warden; Anita R. Peterson; Virginia Myers,defendants-appellants, 67 F.3d 305 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 67 F.3d 305 (9th Cir. 1995) Submitted Sept. 18, 1995. *Decided Sept. 29, 1995

Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges.


Calipatria State Prison Warden Bryan Gunn, Senior librarian Anita Peterson, and Library Technical Assistant Virginia Myers appeal the district court's order denying their motion for summary judgment based on qualified immunity in California state prisoner Richard Burch Jr.'s 42 U.S.C. § 1983 action alleging that he was denied access to the courts because of an inadequate law library.

We lack jurisdiction because the district court denied summary judgment based on its determination that there existed a genuine issue of fact for trial. See Johnson v. Jones, 115 S. Ct. 2151 (1995).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3