OLIVEIRA COUTINHO v. FRAKES TSCI (2019)

[Unpublished]

In this 42 U.S.C. § 1983 action, Nebraska inmate Jose Oliveira-Coutinho appeals after the district court ¹ adversely granted summary judgment on his access-to-courts claim. He challenges the district court’s grant of summary judgment, denial of his requests for discovery, and denial of his motions for appointment of counsel and to stay the proceedings while he sought counsel.

We conclude that the district court did not err in granting summary judgment, because Oliveira-Coutinho failed to create a genuine issue of material fact as to whether he was actually injured. See Hartsfield v. Nichols, 511 F.3d 826, 831-32 (8th Cir. 2008) (discussing actual-injury requirement for access-to-courts claim). We also conclude that the district court did not abuse its broad discretion in denying Oliveira-Coutinho’s discovery requests. Finally, we conclude that the district court did not abuse its discretion in denying Oliveira-Coutinho’s motion for appointment of counsel, or in denying his motion to stay the proceedings while he sought counsel.

Accordingly, we affirm the judgment. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

PER CURIAM.