Jerry Oliver v. V. Gray, No. 09-6431 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6431 JERRY L. OLIVER, Plaintiff - Appellant, v. V. GRAY, Opt. Officer; THOMAS, Grievance Coor.; GILES, C/O; STOOTS, Sgt.; SERGEANT LYNCHARD; MYERS, Captain; MS. C. MATTHEWS, T.P.S.; DILLMAN, Warden; MS. CROWDER-AUSTIN, Regional Ombudsman; COLEMAN, C/O; REEVES, C/O; ANDREW J. GIBBS; FOUNTAIN, C/O; MR. GILES; HOWARD BRUCE SCHNEIDER, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:09-cv-00004-jct-mfu) Submitted: December 17, 2009 Decided: January 6, 2010 Before WILKINSON, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Jerry L. Oliver, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerry L. Oliver, a Virginia state prisoner, appeals the district court s dismissal of his 42 U.S.C. § 1983 (2006) action for failure to § 1915A(b)(1) (2006). reversible error. state a claim, pursuant to 28 U.S.C. We have reviewed the record and find no Accordingly, we affirm substantially on the reasoning of the district court. Oliver v. Gray, No. 7:09-cv- 00004-jct-mfu (W.D. Va. Feb. 12, 2009). With regard to Oliver s claim of denial of access to the courts, we find that Oliver has failed to demonstrate that he suffered an actual injury because of the Defendants actions; thus, his claim is not actionable. See Lewis v. Casey, 518 U.S. 343, 351-52 (1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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