Ray Ward v. Haydee Kort

HOLLOWAY, Chief Judge.

Plaintiff timely appeals the district court’s affirmance and adoption of the recommendation of the magistrate that plaintiff’s claim made under 42 U.S.C. § 1983 of a denial of the right to meaningful access to the courts be dismissed. The controlling questions are (1) whether mental patients under commitment after being found not guilty of an offense by reason of insanity, as is the plaintiff, are within the constitutional guarantee of access to the courts as has been recognized with respect to persons imprisoned under criminal convictions; and if so (2) whether the…