Turnbull v. United States , 235 F. App'x 267 ( 2007 )


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  •                                                                           United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    August 7, 2007
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 06-31231
    Summary Calendar
    LUDENCE ALFORD TURNBULL, JR
    Plaintiff-Appellant,
    versus
    UNITED STATES OF AMERICA,
    Defendant-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 1:05-CV-1818
    --------------------
    Before JOLLY, DENNIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Ludence Alford Turnbull, Jr., federal prisoner # 50634-083, filed this suit
    under Bivens v. Six Unknown Named Agents, 
    403 U.S. 388
    (1971), and the
    Federal Tort Claims Act to seek redress for loss of a portion of his trial
    transcripts. Turnbull argued that the loss of the transcripts infringed his right
    of access to courts. The district court dismissed the suit as frivolous, and
    Turnbull appeals this dismissal. He insists that his right of access to courts was
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 06-31231
    violated by the loss of his transcripts because this loss prevented him from
    timely filing a 28 U.S.C. § 2255 motion.
    Turnbull has failed to show that he suffered any actual prejudice in
    connection with his claim of denial of access to courts. See Christopher v.
    Harbury, 
    536 U.S. 403
    , 415 (2002). He has likewise failed to show that the
    district court erred by dismissing his suit. See Siglar v. Hightower, 
    112 F.3d 191
    , 193 (5th Cir. 1997); 28 U.S.C. § 1915A. The judgment of the district court
    is AFFIRMED.
    2
    

Document Info

Docket Number: 06-31231

Citation Numbers: 235 F. App'x 267

Judges: Dennis, Jolly, Per Curiam, Prado

Filed Date: 8/7/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023