In an inmate’s 42 U.S.C. section 1983 action claiming that defendants denied him access to his legal papers, resulting in his habeas petition being untimely, summary judgment for defendants is affirmed where petitioner’s claims were barred by collateral estoppel because, by denying petitioner’s Rule 60(b) motion in the face of his denial of access claim, the habeas court necessarily decided that petitioner was not illegally denied access to his legal materials.
Read Irving v. Dormire, No. 09-1157
Appellate Information
Submitted: September 21, 2009
Filed: October 19, 2009
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