Rodney L. Garrott v. Jean Stewart;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RODNEY L. GARROTT,
Plaintiff - Appellant,
v.
JEAN STEWART; et al.,
Defendants - Appellees.
No. 11-35849
D.C. No. 2:11-cv-00133-EFS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Washington state prisoner Rodney L. Garrott appeals pro se from the district
court’s judgment in his 42 U.S.C. § 1983 action alleging denial of his right to
access the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de
FILED
JAN 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-35849 2
novo the district court’s dismissal for failure to state a claim under 28 U.S.C.
§§ 1915A and 1915(e)(2)(B)(ii). Silva v. Di Vittorio, 658 F.3d 1090, 1101 (9th
Cir. 2011); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We
vacate and remand.
In light of this court’s recent decision in Silva, the district court may have
prematurely dismissed Garrott’s action because the allegations liberally construed
may have been “sufficient to meet the low threshold for proceeding past the
screening stage.” Wilhelm v. Rotman, 680 F.3d 1113, 1123 (9th Cir. 2012); see
Silva, 658 F.3d at 1102-04 (explaining that prisoners have the right to litigate,
without active interference, claims that have a reasonable basis in law or fact, and
concluding that allegations that defendants’ transfer of inmate hindered inmate’s
ability to litigate his pending civil action and resulted in actual injury were
sufficient to state a claim); see also Allen v. Sakai, 48 F.3d 1082, 1091 (9th Cir.
1995) (concluding that inmate alleged actual injury even though the state court
eventually considered inmate’s petition).
VACATED and REMANDED.

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