that Gay's papers were not filed because Gay's file was not in the possession of the Quarter Sessions Court, and that, in accord with the Clerk's nondiscretionary policy, no documents could be filed in a file not in the court's possession.
After careful review of the records in Gay's related cases, I conclude that to resolve the present case it is unnecessary for me to determine whether Merritt complied with his state law obligations. What the records in these cases make abundantly clear is that Gay has had constitutionally sufficient access to Pennsylvania's courts. Gay does not allege that prison officials have deprived him of access to law books or the materials needed to file legal memoranda. Cf. Kershner v. Mazurkiewicz, 670 F.2d 440 (3d Cir. 1982). Indeed the volume of documents submitted by Gay to this court would belie any such suggestion. Plaintiff likewise does not allege that Pennsylvania's courts have unduly burdened indigent prisoners' opportunity to litigate. As plaintiff's own memoranda demonstrate, the Court of Common Pleas provided Gay not only appointed counsel, but the opportunity to submit pro se briefs.
Given these circumstances, no genuine claim of deprivation of access to the courts remains for trial. At issue in this suit is simply the propriety of a clerk's return of papers to a litigant whose file was out of the court's possession. Plaintiff can demonstrate no injury from the return of his submissions. Cf. Hudson v. Robinson, 678 F.2d 462 (3d Cir. 1982). Gay's right of access to the courts was satisfied by his attorney's presentation of his case, and the request which plaintiff made (for a personal copy of certain transcripts) in the documents which were returned to him has been found without merit.
For these reasons, I conclude that no genuine issue of material fact exists with respect to Gay's claim of unconstitutional deprivation of access to the courts, and I will grant summary judgment in defendant's favor.
This 25th day of February, 1985, it is ORDERED that:
1. Plaintiff's "Motion for Judgment," considered as one for summary judgment, is DENIED;
2. Summary Judgment is GRANTED in favor of defendant; and
3. Judgment is entered in favor of defendant and against plaintiff.