UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

TYRONE McDANIEL YAHWEH,

Plaintiff-Appellant,

v.

ARISTEDES ZAVARAS,

Defendant-Appellee.

No. 99-1034

(District of Colorado)

(D.C. No. 95-S-2094)

ORDER AND JUDGMENT*

Before TACHA, McKAY, and MURPHY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the 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.

Tyrone Yahweh, a prisoner proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendant Aristedes Zavaras on Yahweh's 42 U.S.C. § 1983 complaint. In his complaint, Yahweh asserted he was denied access to the court in July and August of 1995, while he was incarcerated at the San Carlos Correctional Facility, because prison authorities denied him physical access to a law library. The district court granted summary judgment in favor of Zavaras on the basis of the Supreme Court's recent decision in Lewis v. Casey, 518 U.S. 343 (1996). In particular, the district court noted that to state a cognizable claim under Lewis, Yahweh had to demonstrate an actual injury which hindered his effort to pursue a nonfrivolous legal claim. Id. at 354-55. Because the actions of Zavaras had not hindered Yahweh's ability to litigate his claims in case number 95-S-1163, the only case identified by Yahweh as suffering harm as a result of the alleged restriction on access to legal materials, the district court concluded that Zavaras was entitled to judgment as a matter of law.

This court has reviewed de novo Yahweh's opening and reply1 briefs, Zavaras's brief, the magistrate judge's report and recommendation, the district court's order, and the entire record on appeal.2 In light of that de novo review, this court affirms for substantially those reasons set out in the magistrate's report and recommendation dated October 19, 1998, and the district court's order dated December 3, 1998.3

The judgment of the United States District Court for the District of Colorado is hereby AFFIRMED.

ENTERED FOR THE COURT

Michael R. Murphy

Circuit Judge