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Ninth Circuit· 9/26/2011

Silva v. Di Vittorio

Citations

  • 658 F.3d 1090
  • 2011 U.S. App. LEXIS 19610
  • 2011 WL 4436248

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting “two types of access to court claims: those involving prisoners’ right to affirmative assistance and those involving prisoners’ rights to litigate without active interference”
  • discussing requirements for an access-to-court claim premised on prison officials’ alleged interference, as opposed to affirmative assistance, with any prisoner lawsuit
  • differentiating “between two types of access to 14 court claims: those involving prisoners’ right to affirmative assistance and those involving 15 prisoners’ rights to litigate without active interference.”
  • differentiating “between two types of access 24 to court claims: those involving prisoners’ right to affirmative assistance and those involving 25 prisoners’ rights to litigate without active interference”
  • in- volving allegations that prison officials needlessly trans- ferred Mr. Silva to different facilities and destroyed certain legal documents
  • “Dismissal of a pro se complaint without leave to amend is proper only if it is 18 absolutely clear that the deficiencies of the complaint could not be cured by amendment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Paez, Kendall

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.