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United States Court of Appeals, Ninth CircuitNov 23, 2010
404 Fed. Appx. 244 (9th Cir. 2010)

No. 09-56157.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 23, 2010.

Arthur Duane Jackson, Coalinga, CA, pro se.

Terrence F. Sheehy, Esquire, Deputy Attorney General, Office of the California Attorney General, San Diego, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California, M. James Lorenz, District Judge, Presiding. D.C. No. 3:05-cv-00513-L-NLS.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Arthur Duane Jackson, a California state prisoner, appeals pro se from the district court's summary judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts. We have jurisdiction under 28 U.S.C. § 1291. We may affirm on any grounds supported by the record. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir. 2003) (per curiam). We review de novo, Midwater Trawlers Coop. v. Dep't of Commerce, 393 F.3d 994, 1002 (9th Cir. 2004), and we affirm.

The only issue open on remand was whether Jackson was unable to bring a claim in state court because defendants allegedly denied him access to some of his legal materials. Jackson has not raised this issue on appeal, and thus it is waived. See McKay v. Ingleson, 558 F.3d 888, 891 n. 5 (2009).

Jackson's remaining contentions are unpersuasive.