Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Anthony M. Sanchez, % CV 03-2206-PHX-ROS
10 Petitioner, ) ORDER
1 1 vs. i
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Dora B. Schriro; et al,
1 3 Respondents. E
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17 Petitioner Anthony M. Sanchez moves the Court to direct the Arizona Department of
18 Corrections to permit him to possess a typewriter in his cell. [Doc. #24]. For the reasons set
19 forth below, Petitioner's Motion will be denied.
20 DISCUSSION
21 Petitioner Anthony M. Sanchez ("Petitioner") filed a pm E Amended Petition for Writ
22 ofHabeas Corpus under 28 U.S.C. § 2254, raising eighteen grounds for relief. [Doc. #21].
23 Petitioner is a prisoner housed in the Special Management Unit II ("SMU/II") as a member
24 of a Security Threat Group. [Doc. #24]. On October 20, 2004, Petitioner filed a motion,
25 requesting the Court to order the Arizona Department of Corrections to permit him to possess
26 a typewriter in his jail cell. Q
27 Petitioner asserts that SMU/Il policy only allows inmates housed therein to use "ink
28 fillers - without the barrels." [Doc. #24 at 2]. Petitioner claims that he needs a typewriter
ase 2:03-cv—O2206-ROS Document 28 Filed O9/30/2005 Page 1 of 3

1 because due to his use of ink fillers when writing legal documents, he "is unable to write for
2 long periods of time, and has to stop repeatedly to let [his] pain to finger's and wrist go
3 away." Q Petitioner is willing to purchase his own typewriter, but asserts that SMU/Il
4 policy requires a court to issue an order for him to possess a typewriter in his cell. Q at 2,
5 4. Petitioner also submits that other SMU/I1 inmates possess typewriters in their cells. Q
6 at 3.
7 Prisoners have a constitutional right of access to the courts. Q Lewis v. Casey, 518
8 U.S. 343, 350 (1996); Toussaintv. McCagy, 801 F.2d 1080, 1110 (9th Cir. 1986). To bring
9 a claim asserting a denial of the right to access the courts, a prisoner must show that he has
10 suffered or will suffer "actual injuiy." gw; 518 U.S. at 349-50, 355. A prisoner suffers
1 1 actual injury if he is hindered in his efforts to pursue non—frivolous challenges to his sentence
12 or the conditions of his confinement. Q Q at 349-50, 353, 355. However, "the right of
13 access is not unlimited, but must be balanced against the legitimate security needs or resource
14 constraints ofthe prison." U.S. v. Sarno, 73 F.3d 1470, 1491 (9th Cir, 1995); s_<=;—:@_o_ ,
15 at 362 ("[A] prison regulation impinging on inmates' constitutional rights 'is valid if it is
16 reasonably related to legitimate penological interests."' (quoting Tumer v. Safley, 482 U.S.
17 78, 107 (1987))). But, the right of access to the court does not include a right to possess a
18 typewriter. Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989); Lindguist v. Idaho State
19 Bd. of Corrs., 776 F.2d 851, 858 (9th Cir. 1985); American Inmate Paralegal Assoc. v. Cline,
20 859 F.2d 59, 61 (8th Cir. 1988).
21 Petitioner must establish that his failure to possess a typewriter caused him to suffer
22 actual injury. This he has not done, particularly because he is housed under heightened
23 security conditions. Although Petitioner alleges that he is unable to write for long periods
24 of time without pain, Petitioner is not precluded from having access to the court, though with
25 some effort. Concomitantly, Petitioner has not demonstrated that it is medically necessary
26 for him to possess a typewriter to pursue his claim. Finally, Petitioner has filed virtually all
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1 relevant materials necessary for the Couit to decide his Habeas Petition.
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3 Accordingly,
4 IT IS ORDERED that Petitioner's Motion for Court Order to be Issued to the
5 Department of Corrections Providing Plaintiff Usage of an Electric or Manual '1`ype/Type-
6 Writer (Doc. #24) is DENIED.
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8 DATED.; éfémzgpgéu , 2005
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10 L R
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12 oslyn O. Silver
13 United States District Judge
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Case 2:03-cv-02206-ROS

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Case 2:03-cv-02206-ROS

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Case 2:03-cv-02206-ROS

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