Thelma Williams, Jr. v. Barbara Smallwood

301 F. App'x 578

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 8, 2008
• Docket: 07-3218
• Status: Unpublished

Opinion

PER CURIAM.

Arkansas inmate Thelma Williams appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 complaint. After careful review, see Koehler v. Brody, 483 F.3d 590, 596 (8th Cir.2007) (de novo review of dismissal for failure to state claim), we conclude that dismissal was proper, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007) (to state claim, facts must be sufficient to raise right to relief above speculative level); Lewis v. Casey, 518 U.S. 343, 350-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (to state access-to-courts claim, prisoner must allege actual injury, i.e., “that a nonfrivolous legal claim had been frustrated or was being impeded”); Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir.1985) (‘Werbal threats are not constitutional violations cognizable under § 1983.”).

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

1 . The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas.