Milton Wayne Perry v. KATHY HONTON, Head Librarian

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0889n.06
Filed: December 12, 2006
No. 05-2249
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MILTON WAYNE PERRY,
Plaintiff-Appellant,
v.
KATHY HONTON, Head Librarian,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
M E M O R A N D U M
O P I N I O N
BEFORE: MARTIN, NORRIS, and GIBBONS, Circuit Judges.
PER CURIAM. Plaintiff Milton Wayne Perry, a Michigan prisoner proceeding pro se,
appeals from the dismissal of his civil rights suit for failure to state a viable claim. Seeking
monetary relief in the amount of $5,000,000.00, plaintiff filed suit against Kathy Honton, head
librarian at the Southern Michigan Correctional Facility Reception and Guidance Center, for
allegedly failing to make photocopies of plaintiff’s application for leave to appeal his criminal
conviction to the Michigan Supreme Court. According to the complaint, her actions (or lack thereof)
effectively denied him his constitutional right of access to the courts under the First and Fourteenth
Amendments. See Lewis v. Casey, 518 U.S. 343, 354 (1996).
As the district court pointed out in its opinion and order dismissing this suit, in addition to
actual injury, a plaintiff must establish more than mere negligence on the part of defendant. See

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No. 05-2249
Perry v. Horton
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generally Sims v. Landrum, 170 Fed. Appx. 954, 956 (6th Cir. 2006) (collecting cases). Having had
an opportunity to review the record and arguments advanced by plaintiff, we are of the opinion that
the district court correctly concluded that plaintiff had not met this burden. A reasoned opinion by
this court would merely mirror the analysis provided by the district court and would serve no useful
purpose.
The judgment of the district court is affirmed based upon its Opinion and Order of Summary
Dismissal filed on August 11, 2005.

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