Professional Documents
Culture Documents
TENTH CIRCUIT
No. 10-7003
(E.D. Oklahoma)
Defendants - Appellees.
After examining the briefs and the appellate record, this court has
determined unanimously that oral argument would not materially assist the
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
On June 3, 2008, appellant Sonny Lauren Harmon, an Oklahoma state
prisoner, filed a complaint in federal district court pursuant to 42 U.S.C. 1983.
In the complaint, Harmon alleged Defendants confiscation and retention of two
computer discs resulted in the denial of his right to due process of law and access
to the courts. Harmon identified three matters allegedly hampered by Defendants
actions: (1) a 2241 federal habeas action, (2) a direct appeal challenging an
Oklahoma state criminal conviction, and (3) an Oklahoma civil action arising
from the execution of a search warrant at several properties owned by him.
Defendants moved for summary judgment. The district court granted the motion
and dismissed Harmons suit with prejudice.
This court reviews a grant of summary judgment de novo, applying the
same legal standard applied by the district court and viewing the evidence in the
light most favorable to the nonmoving party. Wallace v. Microsoft Corp., 596
F.3d 703, 707 (10th Cir. 2010). Summary judgment is not appropriate unless the
pleadings, the discovery and disclosure materials on file, and any affidavits show
that there is no genuine issue as to any material fact and that the movant is
entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c)(2).
The Fourteenth Amendment guarantees an inmate the right of access to the
courts. Bounds v. Smith, 430 U.S. 817, 821-22 (1977). As the district court
-2-
-3-
Defendants demonstrating he was not impeded from pursuing the suit he initiated
in Oklahoma state court or filing a habeas petition in federal court.
Having reviewed the record, the appellate briefs, and the applicable law,
we conclude the grant of summary judgment in favor of Defendants was proper.
Accordingly, the dismissal of Harmons 1983 complaint is affirmed for
substantially the reasons stated in the district courts order dated January 11,
2010.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
-4-