Alphonso Campbell, Plaintiff-appellant, v. Ralph Thomason, Osp Officers; Tom Mynatt; D. Heppner; J.klhka, Defendants-appellees, 91 F.3d 150 (9th Cir. 1996)

MEMORANDUM^** 

Alphonso Campbell, an Oregon state prisoner, appeals the district court's summary judgment for defendant prison officials in Campbell's 42 U.S.C. § 1983 civil rights action alleging that the defendants violated his right of access to the courts by confiscating his legal documents. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review de novo the district court's grant of summary judgment. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992).

Campbell contends that the district court erred by granting summary judgment for the defendants on his access to the courts claim. This contention lacks merit.

In order for Campbell to establish an access to the courts claim, he must show that he suffered an "actual injury" as a result of the confiscation of his legal documents. See Vandelft v. Moses, 31 F.3d 794, 797 (9th Cir. 1994), cert. denied, 116 S. Ct. 91 (1995). This he failed to do.

Because Campbell failed to offer evidence establishing that he suffered an "actual injury," summary judgment was proper. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Vandelft, 31 F.3d at 797.

AFFIRMED.¹