Civil Rights – prisoners — access to law library

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United States Court of Appeals

CIVIL

Civil Rights

Prisoners; access to law library

Where a prisoner could not show damages from his lack of access to a law library, his civil rights suit was properly dismissed.

“On appeal McCree argues that he showed prejudice from the defendants’ interference with his access to the library, insisting that he was unable to litigate adequately his § 1983 suit. But the record in that case, of which we may take judicial notice, see Adkins v. VIM Recycling, Inc., 644 F.3d 483, 493 (7th Cir. 2011), belies his contention. While in special housing, McCree filed a notice of appeal, a motion to proceed in forma pauperis, a motion to reconsider the denial of that motion, and a motion to suspend the appeal. This activity illustrates that he had and used his access to the court. See United States v. Sykes, 614 F.3d 303, 311 (7th Cir. 2010) (finding no deprivation of court access when defendant filed three motions to dismiss). And even if McCree’s access was curtailed, we agree with the district court that he did not allege any resulting injury. We originally dismissed the appeal of his § 1983 suit because he did not pay the filing fee, but we granted his motion to recall the mandate when he moved to proceed in forma pauperis. McCree v. Sherrod, No. 10-1642 (7th Cir. June 16, 2010). McCree pursued his appeal; we concluded, however, that his complaint did not state a claim. McCree v. Sherrod, 408 F. App’x 990 (7th Cir. 2011). Without a tenable argument to pursue in that suit, McCree cannot show actual prejudice resulting from the denial of access to the law library. See Christopher v. Harbury, 536 U.S. 403, 415 (2002); Ortiz v. Downey, 561 F.3d 664, 671 (7th Cir. 2009); Pratt v. Tarr, 464 F.3d 730, 732-33 (7th Cir. 2006). Because McCree’s complaint fails to state a claim, the district court properly dismissed it, although the dismissal should have been with prejudice.”

Affirmed.

11-1524 McCree v. Grissom

Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Per Curiam.