Emiliano Lopez v. James Yates , 481 F. App'x 402 ( 2012 )

FILED
NOT FOR PUBLICATION SEP 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EMILIANO LOPEZ, No. 11-17356
Plaintiff - Appellant, D.C. No. 1:11-cv-00107-LJO-
GBC
v.
JAMES A. YATES, Warden; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Emiliano Lopez, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of his
right to access the courts. We have jurisdiction under 28 U.S.C. § 1291. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d
443, 447 (9th Cir. 2000). We vacate and remand.
The district court dismissed Lopez’s access to courts claim because he failed
to allege that defendants actions or inactions prevented him from pursuing a
challenge to his sentence or conditions of confinement. However, the district court
did not have the benefit of our recent decision in Silva v. Di Vittorio, 658 F.3d
1090, 1102-04 (9th Cir. 2011), in which we explained that prisoners have access to
court rights to litigate without active interference claims that have a reasonable
basis in law or fact. As the district court noted, Lopez alleged an access to court
claim based on defendants’ alleged interference with his ability to litigate in family
court. Furthermore, Lopez clarified in his objections to the Findings and
Recommendation that his “interference” access to court claim is his sole claim.
Accordingly, we vacate and remand for further proceedings.
Lopez shall bear his own costs on appeal.
VACATED and REMANDED.
2 11-17356