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Maringo v. Warden

United States Court of Appeals, Fifth Circuit
Jun 19, 2008
283 F. App'x 205 (5th Cir. 2008)

Summary

holding that Title III of the ADA was not applicable to a prison

Summary of this case from Gross v. Landry

Opinion

No. 07-20639 Summary Calendar.

June 19, 2008.

Denis Maringo, Houston, TX, for Plaintiff-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:07-CV-602.

Before WIENER, GARZA, and BENAVIDES, Circuit Judges.


Plaintiff-Appellant Denis Maringo, alien detainee #A79483831, appeals from the district court's dismissal of his pro se suit for failure to state a claim upon which relief may be granted. His complaint alleged that he is disabled because he is "semi-legally blind" and that the defendants violated the Americans with Disabilities Act (ADA) and his right of access to the courts by failing to provide him with equipment in the law library that would accommodate his eye condition.

Regarding his claims under the ADA, he argues that the district court erred in imposing an excessive burden of proof on him and in determining that the Corrections Corporation of America detention facility in Houston, Texas was not covered by Title II or Title III of the ADA. His arguments are unavailing because Title II and Title III of the ADA are not applicable to any of the defendants in this case. See 42 U.S.C. §§ 12131(1), 12181(7).

Regarding his claim of denial of access to the courts, he challenges the district court's determination that he failed to allege actual prejudice. He does not dispute the district court's finding that he has filed at least 10 federal actions in the district court, and, moreover, his complaint did not allege actual injury with respect to court filings. See Lewis v. Casey, 518 U.S. 343, 349, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996); Norton v. Dimazana, 122 F.3d 286, 290 (5th Cir. 1997).

AFFIRMED.


Summaries of

Maringo v. Warden

United States Court of Appeals, Fifth Circuit
Jun 19, 2008
283 F. App'x 205 (5th Cir. 2008)

holding that Title III of the ADA was not applicable to a prison

Summary of this case from Gross v. Landry

finding the Corrections Corporation of America a private entity not subject to Title II

Summary of this case from Shore v. Mirabilio
Case details for

Maringo v. Warden

Case Details

Full title:Denis MARINGO, Plaintiff-Appellant v. WARDEN, CORRECTIONS CORPORATION OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 19, 2008

Citations

283 F. App'x 205 (5th Cir. 2008)

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