USCA1 Opinion

January 20, 1994

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 93-1508
LUIS M. ESTRADA, JR.,
Plaintiff, Appellant,
v.
GEORGE A. VOSE, JR.,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
___________________
____________________
Before
Cyr, Boudin and Stahl,
Circuit Judges.
______________
____________________
Luis M. Estrada, Jr. on brief pro se.

____________________
Michael B. Grant, Senior Legal Counsel, Rhode
_________________
of Corrections, on brief for appellee.

Island Departm

____________________
____________________

Per Curiam.
__________
civil rights action
is serving
and

Appellant Luis M. Estrada, Jr. filed a

in the Rhode Island district

a sentence pursuant to a

court.

He

Rhode Island conviction

currently is incarcerated in the federal penitentiary in

Terre Haute, Indiana.

He raises two issues on

whether his constitutional

been infringed due to his

appeal:

(1)

right of access to the courts has

incarceration in Indiana; and

(2)

whether he has a constitutional right of access to his prison

files to correct allegedly erroneous information placed there
as a result
decision.

of the investigation leading up

Although the district

to the transfer

court did not address these

issues, the generality of the first claim and the speculative

nature of the second make a remand unnecessary.

We
Goldman v.
_______

grant of

summary

judgment de novo.
________

First Nat'l Bank of Boston, 985 F.2d

___________________________

(1st Cir.
light

review a

1993).

most

In so doing,

favorable

reasonable inferences in

to

the

we view

1113, 1116

the record

nonmovant,

his or her favor.

in the

indulging

all

Garside v. Osco
_______
____

Drug, Inc., 895 F.2d 46, 48 (1st Cir. 1990).

__________

In

relation to

issues on which appellant bears the burden of proof, however,

he

is obligated to "reliably demonstrate that specific facts

sufficient to

create an authentic

dispute exist."

That is, he "must produce evidence which would

at trial to

make out the requisite issue

See id.
___ ___

be admissible

of material fact."

See Kelly v. United States, 924 F.2d 355,357 (1st Cir. 1991).
___ _____
_____________

A.

Access to Courts
________________

It is "established beyond doubt that prisoners have

a constitutional right

of access to the courts."

Smith,
_____

430 U.S.

prison

authorities must

and

817, 821

(1977).

To meet

Bounds v.
______

this standard,

"assist inmates in

the preparation

filing of meaningful legal papers by providing prisoners

with

adequate

law

libraries or

persons trained in the law."

Appellant has alleged the

adequate

assistance

from

Id. at 828 (footnote omitted).

___

following facts in support

of his

assertion that prison officials have not met the requirements

of Bounds.
______
First, he states that the prison library in Indiana
does not

contain any

sources of Rhode

Island law

and that

there is no one at the prison familiar with Rhode Island law.

This situation has
state

impeded appellant in the prosecution of a

post-conviction

review

sentence; he asserts that

and

that he

blind."

has had to

Appellant has

proceeding

to

reduce

the matter currently is on

file a "pre-brief

appeal

statement in the

not submitted copies

of any

pleadings he has filed in the state courts nor does

to the titles or docket

his

of the
he refer

numbers of these alleged state court

actions.
The

ACI

official, Joseph

appointed to assist
letter

to appellant.

DiNitto,

appellant with his

In it,

he states

who

has been

legal needs wrote

that there

are no

-3-

cases

concerning

appellant

Supreme Court and

pending

only one case in the

(in which no action had been taken

the letter, DiNitto also offers
legal

needs.

provide more

in

However,

and must

research

material

goes

inquired

whether appellant had

state Superior Court

In

on,

appellant

must

concerning the status

of

specific concerning

the

be more

appellant

Island

to assist appellant with his

detailed information

cases

Rhode

for several months).

DiNitto

his state

the

requires.

Finally,

DiNitto

contacted the Office

of the

Public Defender for assistance.

Based on the above, we
has

submitted

sufficient

do not think that appellant

evidence

existence of an issue of material fact.

is no indication
letter.

The

demonstrate

the

Significantly, there

that appellant ever responded

to DiNitto's

fact that appellant was "highly skeptical" that

DiNitto could held him is,

and cannot

to

at best, an "arrant

suffice to defeat

924 F.2d at 357.

summary judgment.

speculation"
See Kelly,
___ _____

The letter requested reasonable information

and, in the absence of

any evidence that upon receiving such

data

from

appellant,

DiNitto

assistance, the letter

would

not

have

provided

represents adequate assistance

under

Bounds.
______
B.

Access to Prison Files

______________________

Cases
constitutional

have uniformly held

right of access

that a prisoner

to his or

has no

her prison files.

-4-

See, e.g.,
___ ____

Slocum
______

Paroles, 678
_______
U.S.
Cir.)

v.

F.2d 940,

1043 (1982);

prison files),

942 (11th

Paine v.
_____

(prisoner has

Whiteside,
_________

Georgia State Bd. of Pardons and

_____________________________________

Baker, 595
_____

no constitutional

cert. denied, 444

____________

505

[parole] Board to

Cir.), cert. denied, 459

_____________

F.2d 32,

34

F.2d 197,
right

U.S. 925

(5th Cir.

of access

to

(1979); Cook
____

v.

1974)

allow [prisoner] to see his

assume the proportions of

200 (4th

("failure of
file does not

a deprivation of his rights

under

the

Constitution

Appellant
relaxed

argues
and

or

the

laws

that in

that

his

of

the

case,

prison officials

United

this
should

States").

rule should
be

be

required to

expunge the allegedly erroneous information.

that

if

In support

of his

an

has

inmate

"institutional report,"
day-for-day basis for

been

found

in February 1994

implicate

significant degree.
uncertain

based

Garcia,
______

injunctive

an
on a

scheduled to appear before the parole

and that the

his

inaccurate information

Both of these occurrences, he

constitutional

rights

to

We think that these allegations are

to create a

917 F.2d

on

His second

question of material

63,

67

relief, plaintiff

(1st
must

-5-

Cir. 1990)
show

a
too

fact concerning

whether appellant is entitled to equitable relief.

v.

asserts

good-time credits are deducted

can be relied on by the board.

concludes,

guilty

each day spent in lockup.

argument is that he is
board

claim, appellant first

that

See Lopez
___ _____
(to

there

obtain
is

likelihood that defendants will engage in unlawful conduct in

the future).
For the

foregoing

reasons, the

district court is affirmed.

________

-6-

judgment

of

the