Belton v. Turner, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20415
Summary Calendar
THERON BELTON,
Plaintiff-Appellant,
versus
CLEVELAND TURNER, also known as Turner, Escort Officer;
J.D. BUTCHER; JAMES ZELLER, Warden; LARRY DOYLE; WILKERSON,
Property Officer; BOYD, Property Officer; COLEMAN, Grievance
Officer; STOKER, Grievance Officer,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-4325
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Theron Belton, Texas prisoner # 845198, appeals from a
judgment rendered in favor of the defendants on his civil rights
claim. We affirm.
To prevail on a claim that his right of access to the courts
has been violated, a prisoner must demonstrate prejudice by
showing that his ability to pursue a “nonfrivolous,” “arguable”

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No. 03-20415
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legal claim was hindered by the defendants’ actions. See
Christopher v. Harbury, 536 U.S. 403, 415 (2002) (internal
quotations omitted); Lewis v. Casey, 518 U.S. 343, 351 (1996).
Belton has not demonstrated that the claims he would have raised
in his petition for discretionary review were arguable or
nonfrivolous; he therefore cannot prove a constitutional
violation. Because he cannot prove a constitutional violation,
judgment was appropriately awarded in favor of the defendants,
and it was unnecessary for the district court to reach the
exhaustion issue.
AFFIRMED.

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