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Mahogany v. Miller

United States Court of Appeals, Fifth Circuit
Oct 24, 2007
252 F. App'x 593 (5th Cir. 2007)

Summary

holding that the plaintiff had no actionable 42 U.S.C. § 1983 claim based on prison officials' failure to process his grievances because he had no protected liberty interest in the processing of grievances

Summary of this case from Sanchez v. Griffis

Opinion

No. 06-30927 Conference Calendar.

October 24, 2007.

Richard Mahogany, Jr., Angie, LA, pro se.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:06-CV-1870.

Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.


Richard Mahogany, Louisiana prisoner # 123340, filed an in forma pauperis action against prison officials under 42 U.S.C. § 1983 arising from their alleged failure to process several administrative grievances. The district court dismissed the suit as frivolous. "A complaint is frivolous if it lacks an arguable basis in law or fact." Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999) (quotation marks omitted). We review the dismissal of a prisoner's complaint as frivolous for abuse of discretion. Id.

According to Mahogany, the district court erred in dismissing his complaint because his constitutional right to access the courts encompasses the right to file administrative grievances. Interference with the right of access to courts is actionable under § 1983 only where the inmate demonstrates "actual injury stemming from defendants' unconstitutional conduct." Chriceol v. Phillips, 169 F.3d 313, 317 (5th Cir. 1999). Mahogany seems to assert that he was injured by the failure to process his grievances because he is required to exhaust the grievance procedure before he can bring any claims in the district court. This argument is meritless because the district court assumes that a prisoner's claims have been exhausted when his grievances were not processed within prescribed time limits. Underwood v. Wilson, 151 F.3d 292, 295 (5th Cir. 1998), abrogated on other grounds by Jones v. Bock, ___ U.S. ___, 127 S.Ct. 910, 919-21, 166 L.Ed.2d 798 (2007).

Mahogany also asserts that he has a protected liberty interest in filing grievances and that he was deprived of due process when his grievances were refused. He does not have a protected liberty interest in the processing of his prison grievances. See Geiger v. Jowers, 404 F.3d 371, 373-74 (5th Cir. 2005). "Insofar as he seeks relief regarding an alleged violation of his due process rights resulting from the prison grievance procedures, the district court did not err in dismissing his claim as frivolous." Id.

Because Mahogany's appeal is without arguable merit, we dismiss it as frivolous. See 5TH CIR. R. 42.2. The district court's dismissal of his suit and our dismissal of his appeal each count as a strike against him for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). If he accumulates three strikes, he may no longer proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is in imminent danger of serious physical injury. See § 1915(g).

APPEAL DISMISSED; SANCTION WARNING ISSUED.


Summaries of

Mahogany v. Miller

United States Court of Appeals, Fifth Circuit
Oct 24, 2007
252 F. App'x 593 (5th Cir. 2007)

holding that the plaintiff had no actionable 42 U.S.C. § 1983 claim based on prison officials' failure to process his grievances because he had no protected liberty interest in the processing of grievances

Summary of this case from Sanchez v. Griffis

holding that the plaintiff had no actionable 42 U.S.C. § 1983 claim based on prison officials' failure to process his grievances because he had no protected liberty interest in the processing of grievances

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holding that the plaintiff had no actionable 42 U.S.C. § 1983 claim based on prison officials' failure to process his grievances because he had no protected liberty interest in the processing of grievances

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holding inmate does not have protected liberty interest in filing grievances

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holding that plaintiff had no actionable claim under 42 U.S.C. § 1983 claim based on prison officials' failure to process his grievances because he had no protected liberty interest in the processing of grievances

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Case details for

Mahogany v. Miller

Case Details

Full title:Richard MAHOGANY, Plaintiff-Appellant v. James MILLER, Warden; Robert…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 24, 2007

Citations

252 F. App'x 593 (5th Cir. 2007)

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