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UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT
ARCHIE D. BAKER, Plaintiff-Appellant,
v.
SHARON WELLS, et al., Defendants-Appellees.
No. 01-2532
NOTICE:
NOT RECOMMENDED FOR FULL-TEXT
PUBLICATION. SIXTH CIRCUIT RULE 28(g) LIMITS CITATION TO SPECIFIC SITUATIONS.
PLEASE SEE RULE 28(g) BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT.
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TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED.
Archie D. Baker, a Michigan state prisoner, appeals pro se the summary
judgment for defendants in a civil rights action [*151] filed under 42 U.S.C. §
1983. This case has been referred to a panel of the court pursuant to Rule
34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously
agrees that oral argument is not needed. Fed. R. App. P. 34(a).
Baker filed a complaint against
a number of prison employees, alleging retaliation for the exercise of his
First Amendment rights and interference with his access to the courts by
opening his legal mail outside his presence on several occasions and twice
failing to forward filing fees to the state courts. Because the complaint did
not expressly request monetary damages, the district court initially granted
summary judgment to all but one of the named defendants on the ground that the
claims were moot because Baker had been transferred, in spite of Baker's motion
to amend the complaint to specifically request monetary relief. The remaining
defendant was granted judgment on the merits. On appeal, this court vacated and
remanded in part, concluding that Baker should have been permitted to amend his
complaint to request monetary relief.
On remand, Baker filed an amended
complaint requesting monetary damages, and adding a claim that he had been
denied access to the courts by the confiscation of his word processor. The
matter was referred to a magistrate judge, who recommended that summary
judgment be granted in favor of defendants on the merits. Over Baker's
objections, the district court adopted this recommendation. Baker reasserts his
claims on appeal.
Upon careful review, we conclude
that the summary judgment for defendants must be affirmed, as the record shows
that there is no genuine issue of material fact and they are entitled to
judgment as a matter of law. Anderson
v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986).
Baker alleged that defendant
Wells had retaliated against him for exercising his First Amendment right to
give a deposition in a class action concerning prison conditions. This
retaliation allegedly took the form of a disciplinary charge filed by a guard
"friendly" with Wells, stating that Baker was two minutes late
returning from his meal. The disciplinary hearing officer rejected Baker's
explanation that he believed he had forty minutes rather than thirty to return
from his meal, although he had been living in the same unit for over a year,
because he had always returned early before. Baker was given one day of top
lock on the guilty finding. Further retaliation was alleged to have taken the
form of putting a "SPON" (special offender notice) in Baker's file
which effectively prevented him from being housed at the same institution where
Wells was working.
In order to state a claim of
retaliation, Baker was required to show that he engaged in protected conduct,
an adverse action was taken which would deter a person of ordinary firmness
from continuing the conduct, and a causal connection existed between the
conduct and the adverse action. Thaddeus-X v. Blatter, 175 F.3d 378, 394 (6th
Cir. 1999) (en banc). The record fails to establish such a claim. Baker's
placement on one day of top lock and his separation from Wells were not so
adverse as to deter Baker from his litigation activities. Moreover, the record
fails to support any causal connection between his deposition testimony and the
alleged retaliation. Baker only alleges that the guard who charged him with a
misconduct was friendly with Wells, and there was a rational basis for the
hearing officer's decision. It also appears from the record that the reason for
the SPON was a threatening letter Baker wrote to Wells. He does not deny
writing this letter, but only argues [*152] that it was misconstrued. No
connection between his deposition testimony and the SPON has been shown.
Therefore, Wells was entitled to summary judgment on the claim of retaliation.
Baker's remaining claims assert denial of access to the courts. First,
he alleges that his legal mail from a Prison Legal Services attorney and the
courts was opened before delivery on five occasions. The record shows that
legal mail was inspected in Baker's presence numerous times other than these
isolated incidents. One of the samples of opened mail from a court is an
envelope which does not have Baker's name in the address, and apparently had to
be opened to discern to whom it should be delivered. Baker further alleges that
on two occasions, defendants failed to forward filing fees to the state courts.
These two occasions involved his appeal of the disciplinary hearing and the
SPON placement discussed above. On one occasion, it appears that there was a
dispute over whether Baker had sufficient funds in his account to cover the
filing fees, perhaps due to an accounting error. Finally, Baker alleges that
the confiscation of his word processor denies him access to the courts. The
record shows that Baker was required to send the word processor out of the
institution because he had excessive amounts of legal property in his cell.
In order to state a claim of
denial of access to the courts, it must be shown that prejudice resulted to a
non-frivolous claim, such as a direct appeal from a conviction or a challenge
to a condition of confinement which violates fundamental constitutional rights.
Lewis v. Casey, 518 U.S. 343, 350-53 (1996). Baker failed to make such a
showing. He did not allege how the opening of his mail outside his presence
prejudiced any legal proceeding. Although the prison failed to forward filing
fees to the state courts on two occasions, these involved his appeal of his
placement in top lock for one day and the placement of a SPON in his file to
separate him from a prison employee who felt threatened by Baker. These
proceedings do not rise to the standard of a challenge to violations of
fundamental constitutional rights. Finally, Baker utterly failed to show how
the loss of his word processor had prejudiced any legal action.
In
order to defeat the summary judgment for defendants, Baker was required to
present affirmative evidence which would allow a jury to return a verdict in
his favor. Anderson, 477 U.S. at
248-49. Because Baker failed to submit evidence essential to his claims of
retaliation and denial of access to the courts, the summary judgment for
defendants is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.