No. 97-20950, 160 F.3d 273 (5th Cir. 1998). · Go Syfert
No. 97-20950, 160 F.3d 273 (5th Cir. 1998). Cases Citing This Book View Copy Cite
“unlike 1915, 1915a applies regardless of whether the plaintiff has paid a filing fee or is proceeding in forma pauperis ("ifp"), and also does not distinguish between dismissals as frivolous and dismissals for failure to state a claim.”
318 citation events (282 in the last 25 years) across 18 distinct courts.
Strongest positive: Gregory Reginald Jynes v. Orleans Parish Sheriff’s Office, et al. (laed, 2026-01-07)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Gregory Reginald Jynes v. Orleans Parish Sheriff’s Office, et al.
E.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
ithout proving an actual injury, a prisoner cannot prevail on an access-to-the- courts claim.
discussed Cited as authority (verbatim quote) Michael Alexander Young v. District Attorney’s Office of New Orleans, Jason Williams, the Orleans Justice Center Administration Legal Department, Ms. Fairley, and Ms. Delahoussaye
E.D. La. · 2025 · quote attribution · 1 verbatim quote · confidence high
ithout proving an actual injury, a prisoner cannot prevail on an access-to-the-courts claim.
discussed Cited as authority (verbatim quote) Jones v. Lumpkin (2×) also: Cited as authority (rule)
S.D. Tex. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
e hold that without proving an actual injury, a prisoner cannot prevail on an access-to-the-courts claim.
examined Cited as authority (verbatim quote) Smith v. Claiborne Parish Detention Center
W.D. La. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
unlike 1915, 1915a applies regardless of whether the plaintiff has paid a filing fee or is proceeding in forma pauperis ("ifp"), and also does not distinguish between dismissals as frivolous and dismissals for failure to state a claim.
discussed Cited as authority (verbatim quote) Thomas v. Toups
5th Cir. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence high
without proving an no. 02-31192 -3- actual injury, a prisoner cannot prevail on an access-to-the- courts claim
discussed Cited as authority (rule) Robert Frances Sinegal v. State of Louisiana, et al
W.D. La. · 2025 · confidence medium
Thompson v. Hayes, 542 F. App’x 420, 420-21 (5th Cir. 2013) (per curiam) (“[U]nder 28 U.S.C. § 1915A(b)(1), the district court is required to review any civil complaints in which a prisoner seeks relief against a government entity, officer, or employee regardless of whether the prisoner has paid the filing fee.” (citing Ruiz v. United States, 160 F.3d 273, 274-75 (5th Cir. 1998))).
discussed Cited as authority (rule) Brian Washington v. Carson, et al.
E.D. La. · 2025 · confidence medium
See, e.g., Chriceol v. Phillips, 169 F.3d 313, 317 (5th Cir. 1999) (“[A]n inmate alleging denial of access to the courts must demonstrate an actual injury stemming from defendants’ unconstitutional conduct.”); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); McDonald v. Steward, 132 F.3d 225, 230-31 (5th Cir. 1998) (“[B]efore a prisoner may prevail on a claim that his constitutional right of access to the courts was violated, he must demonstrate that his position as a litigant was prejudiced by his denial of access to the courts.” (quotation marks omitted)); Walker v. Navarr…
cited Cited as authority (rule) Mace v. Williams
W.D. La. · 2025 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Chriceol v. Phillips, 169 F.3d 313, 317 (5th Cir. 1999).
discussed Cited as authority (rule) Richards v. Connick
E.D. La. · 2025 · confidence medium
Required Elements of § 1983 Claim Section 1983 creates a damages remedy for the violation of federal constitutional or statutory rights under color of state law: Every person who, under color of any statute, ordinance, regulation, custom, or 1 28 U.S.C. § 1915A(a); Ruiz v. United States, 160 F.3d 273, 274 (5th Cir.1998).
cited Cited as authority (rule) Sanchez v. Medrano
S.D. Tex. · 2024 · confidence medium
Scott, 156 F.3d 578 , 15 580 (Sth Cir. 1998); Ruiz v. United States, 160 F.3d 273, 274 (Sth Cir. 1998); Shakouri, 923 F.3d at 410 .
discussed Cited as authority (rule) Smith v. Atkins
E.D. La. · 2024 · confidence medium
See, e.g., Chriceol v. Phillips, 169 F.3d 313, 317 (5th Cir. 1999) (“[A]n inmate alleging denial of access to the courts must demonstrate an actual injury stemming from defendants’ unconstitutional conduct.”); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); McDonald v. Steward, 132 F.3d 225, 230-31 (5th Cir. 1998) (“[B]efore a prisoner may prevail on a claim that his constitutional right of access to the courts was violated, he must demonstrate that 5 In addition to the instant lawsuit, she also filed: Smith v. Spinks, Civ.
cited Cited as authority (rule) Welsh v. Cammack
5th Cir. · 2024 · confidence medium
Legate v. Livingston, 822 F.3d 207 , 209–10 (5th Cir. 2016) (citing Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998)).
cited Cited as authority (rule) Vargas v. United States Border Patrol-Customs and Border Protection
W.D. Tex. · 2024 · confidence medium
Ruiz v. United States, 160 F.3d 273, 274 (Sth Cir. 1998) (per curiam); Martin v, Scott, 156 F.3d 578, 580 (Sth Cir. 1998) (per curiam).
cited Cited as authority (rule) Jones v. Edmonds
D. Or. · 2024 · confidence medium
Ruiz v. United States, 160 F.3d 273, 274-75 (5th Cir. 1998); see also Valles v. Attorney General of United States, Case No. 22-CV-1375 TWR (BGS); 2023 WL 3637028 , at *5 (S.D.
discussed Cited as authority (rule) Evans v. Gillard
N.D. Miss. · 2024 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992) (citations omitted).
discussed Cited as authority (rule) Searcy v. Crowley Indep
5th Cir. · 2023 · confidence medium
We review a dismissal for failure to state a claim pursuant to § 1915(e)(2)(B)(ii) de novo. 1 In determining whether the complaint fails to state a claim, we “us[e] the same standard applicable to dismissals under Federal Rule of Civil Procedure 12(b)(6).” 2 The district court did not err in dismissing Searcy’s complaint for fail- ure to state a claim based on failure to exhaust administrative remedies. 3 “Employment discrimination plaintiffs must exhaust administrative reme- dies before pursuing claims in federal court.” 4 Exhaustion requires the _____________________ 1 Ruiz v. Uni…
discussed Cited as authority (rule) Minor v. Turner
N.D. Miss. · 2023 · confidence medium
Lewis v. Casey, 518 U.S. 343, 351-54 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998) (without proving actual injury, the prisoner/plaintiff cannot prevail on an access-to-courts claim); Chriceol v. Phillips, 169 F.3d 313 (5th Cir. 1999).
discussed Cited as authority (rule) Schwarzer v. Squyres
5th Cir. · 2023 · confidence medium
Following a de novo review, see Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998), we discern no error in the district court’s dismissal of Schwarzer’s claims for damages against the judges based on the doctrine of judicial immunity, see Davis v. Tarrant Cnty., 565 F.3d 214, 222 (5th Cir. 2009); Boyd v. Biggers, 31 F.3d 279, 284 (5th Cir. 1994).
discussed Cited as authority (rule) Minor v. Turner
N.D. Miss. · 2023 · confidence medium
Lewis v. Casey, 518 U.S. 343, 351-54 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998) (without proving actual injury, the prisoner/plaintiff cannot prevail on an access-to-courts claim); Chriceol v. Phillips, 169 F.3d 313 (5th Cir. 1999).
cited Cited as authority (rule) Dunsmore v. McLane
5th Cir. · 2022 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
discussed Cited as authority (rule) Curry, Jr. v. Lee County Detention Center
N.D. Miss. · 2022 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
cited Cited as authority (rule) Davis v. Lumpkin
5th Cir. · 2022 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
discussed Cited as authority (rule) Roberts v. Fuentes
5th Cir. · 2022 · confidence medium
“An [in forma pauperis (IFP)] complaint may be dismissed as frivolous pursuant to . . . § 1915(e)(2)(B)(i) if it has no arguable basis in law or in fact.” Ruiz v. United States, 160 F.3d 273, 274-75 (5th Cir. 1998).
discussed Cited as authority (rule) Carpenter v. Itawamba Co. Jail
N.D. Miss. · 2022 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
discussed Cited as authority (rule) Allen v. Simon
N.D. Miss. · 2022 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
cited Cited as authority (rule) Enloe v. Carr
N.D. Tex. · 2021 · confidence medium
Lewis v. Casey, 518 U.S. 343, 351 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th.
discussed Cited as authority (rule) Wright v. Tarrant County Judge (2×) also: Cited "see"
N.D. Tex. · 2021 · confidence medium
Lewis v. Casey, 518 U.S. 343, 351 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th.
discussed Cited as authority (rule) Powell v. McMullen
N.D. Miss. · 2021 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992) (citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988)).
cited Cited as authority (rule) Watkins v. Carter
5th Cir. · 2021 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
discussed Cited as authority (rule) Glover v. Lopez
S.D. Tex. · 2021 · confidence medium
The Court “shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b)(1)-(2). “[Section] 1915A applies regardless of whether the plaintiff has paid a filing fee or is proceeding in forma pauperis (‘IFP’), and also does not distinguish between dismissals as frivolous and dismissals for failure to state a claim.” Ruiz v. U.S., 160 F.3d 273, 274 (5t…
discussed Cited as authority (rule) Anderson v. Edwards
N.D. Miss. · 2021 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing - 3 - Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
cited Cited as authority (rule) Watkins v. Three Admin Remedy
5th Cir. · 2021 · confidence medium
Corp. of Am., 700 F. App’x 379, 380 (5th Cir. 2017) (citing Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998)).
discussed Cited as authority (rule) Hebert v. Central Intelligence Agency
W.D. La. · 2021 · confidence medium
App’x 286, 291 (5th Cir. 2005) (citing Affiliated Professional Home Health Care Agency v. Shalala, 164 F.3d 282 , 286 (5th Cir.1999)). 83 28 U.S.C. § 2680 (b); Ruiz v. U.S., 160 F.3d 273, 275 (5th Cir. 1998); Ins.
discussed Cited as authority (rule) Galloway v. Nesbit
N.D. Miss. · 2020 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
discussed Cited as authority (rule) Gomez v. Willacy County Jail
S.D. Tex. · 2020 · confidence medium
The Court “shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b)(1)-(2). “[Section] 1915A applies regardless of whether the plaintiff has paid a filing fee or is proceeding in forma pauperis (‘IFP’), and also does not distinguish between dismissals as frivolous and dismissals for failure to state a claim.” Ruiz v. U.S., 160 F.3d 273, 274 (5t…
cited Cited as authority (rule) Leonard Price v. United States
5th Cir. · 2020 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
cited Cited as authority (rule) Behling v. Chambers
N.D. Tex. · 2020 · confidence medium
Appx 334 (Sth Cir. 2018) (citing Lewis v. Casey, 518 U.S. 343, 351-54 (1996); Ruiz v. United States, 160 F.3d 273, 275 (Sth Cir. 1998); Chriceol v. Phillips, 169 F.3d 313 (Sth Cir. 1999)).
discussed Cited as authority (rule) Harris v. Turner
N.D. Miss. · 2020 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
discussed Cited as authority (rule) White v. True
S.D. Ill. · 2020 · confidence medium
Under this exemption, courts have dismissed FTCA claims arising from the loss of personal property mailed by the BOP, Georgacarakos v. United States, 420 F.3d 1185, 1188 (10th Cir. 2005), and claims arising from the failure to deliver inmate mail, Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
discussed Cited as authority (rule) Behling v. Foley
N.D. Tex. · 2020 · confidence medium
Appx 334 (Sth Cir. 2018) (citing Lewis v. Casey, 518 U.S. 343, 351-54 (1996); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Chriceol v. Phillips, 169 F.3d 313 (Sth Cir. 1999)). “ ‘Actual injury’ is ‘actual prejudice with respect to contemplated or existing litigation, such as the inability to meet a filing deadline or to present a claim.’ ” Dunham, 2017 WL 571515 , at *3 (citing Lewis, 518 U.S. at 348 ).
discussed Cited as authority (rule) Powell v. Shaw
N.D. Miss. · 2019 · confidence medium
However, “[a] denial-of-access-to-the-courts claim is not valid if a litigant’s position is not prejudiced by the alleged violation.” Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); Henthorn v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992), cert. denied, 504 U.S. 988 (1992), citing Richardson v. McDonnell, 841 F.2d 120, 122 (5th Cir. 1988).
cited Cited as authority (rule) Louis Hamilton, II v. Donald Trump, Sr.
5th Cir. · 2017 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
discussed Cited as authority (rule) Larry Alderson v. Concordia Parish Corrtl Facil, e (2×)
5th Cir. · 2017 · confidence medium
Legate v. Livingston, 822 F.3d 207 , 209–10 (5th Cir. 2016); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
cited Cited as authority (rule) Umoren v. Byrd
10th Cir. · 2016 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998); see also Barnes v. Hawk, 166 F.3d 346 (10th Cir. 1998) (unpublished).
cited Cited as authority (rule) James Legate v. Brad Livingston
5th Cir. · 2016 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
cited Cited as authority (rule) Legate v. Livingston
5th Cir. · 2016 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998).
discussed Cited as authority (rule) Blakely v. Evans (2×) also: Cited "see"
5th Cir. · 2014 · confidence medium
See Brewster v. Dretke, 587 F.3d 764, 767 (5th Cir.2009); Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998).
cited Cited as authority (rule) Paul Driggers v. Maureen Cruz
5th Cir. · 2014 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
cited Cited as authority (rule) Paul Driggers v. Maureen Cruz
5th Cir. · 2014 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998).
cited Cited as authority (rule) Paul Driggers v. Maureen Cruz
5th Cir. · 2014 · confidence medium
Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998).
Retrieving the full opinion text from the archive…
No. 97-20950
273.
Court of Appeals for the Fifth Circuit.
Nov 20, 1998.
160 F.3d 273
Cited by 1 opinion  |  Published

160 F.3d 273

Wisting Fierro RUIZ, Plaintiff-Appellant,
v.
UNITED STATES of America; Michael N. Milby; Kenneth M.
Hoyt, U.S. District Judge; Janet Reno, U.S. Attorney
General; Katheleen Hawks; Warden of Federal Correctional
Institute Oakdale; John & Jane Doe, 1, 2, 3, Defendants-Appellees.

No. 97-20950.

United States Court of Appeals,
Fifth Circuit.

Nov. 20, 1998.

Wisting Fierro Ruiz, Forrest City, AR, pro se.

Appeal from the United States District Court for the Southern District of Texas.

Before REYNALDO G. GARZA, STEWART and PARKER, Circuit Judges.

PER CURIAM:

[*~273]1

Wisting Fierro Ruiz, federal prisoner No. 59534-079, appeals the district court's dismissal of his complaint under 28 U.S.C. § 1915A. In his appellate brief, Ruiz challenges the dismissal of his claims based on the prison officials' failure to deliver to him incoming mail notifying him of final judgments dismissing a 28 U.S.C. § 2255 motion and a FED.R.CIV.P. 41(e) motion for return of property. Primarily due to Ruiz's transfer to another prison facility, he did not receive notice of the dismissals until after the appellate deadlines had passed. Because of this lost opportunity to appeal the dismissal of his underlying claims, Ruiz then made claims in the district court for: (1) damages for the loss of his jewelry under the Federal Tort Claims Act ("the FTCA"), 28 U.S.C. § 2674 and § 1346(a)(2); (2) damages for the failure to receive his mail under the FTCA; (3) injunctive relief for the breach of an implied contract to deliver his mail; and (4) a loss-of-access-to-the courts claim under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and under 28 U.S.C. § 1346(a)(2).

[*274]2

We are first confronted with the issue of which standard of review to use when reviewing a trial court's dismissal pursuant to § 1915A. As part of the screening process of prisoner complaints under § 1915A, a trial court is directed to "dismiss the complaint, or any portion of the complaint, if the complaint--(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted ..." We are currently aware of no authority in this Circuit which has previously determined the proper standard to review appeals dismissed pursuant to this section. Unlike § 1915, § 1915A applies regardless of whether the plaintiff has paid a filing fee or is proceeding in forma pauperis ("IFP"), and also does not distinguish between dismissals as frivolous and dismissals for failure to state a claim.

3

An IFP complaint may be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) if it has no arguable basis in law or in fact. A dismissal under § 1915(e)(2)(B)(i) is reviewed for abuse of discretion, see Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir.1997), while a dismissal under § 1915(e)(2)(B)(ii) for failure to state a claim is reviewed under the same de novo standard as dismissals under FED.R.CIV.P. 12(b)(6). See Black v. Warren, 134 F.3d 732, 733-34 (5th Cir.1998). More closely analogous to § 1915A than § 1915(e) is 42 U.S.C. § 1997e(c), which directs the district court to dismiss, on its own motion or the motion of a party, "any action brought with respect to prison conditions under section 1983 ... or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief." 42 U.S.C. § 1997e(c)(1). This Court reviews de novo a dismissal under § 1997e(c). See Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir.1998). Because the language of § 1915A tracks the language of § 1997e(c), we will therefore employ the same de novo standard to review dismissals pursuant to § 1915A. Accord McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997); Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir.1996).

4

Because issues not briefed on appeal are waived, see S.E.C. v. Recile, 10 F.3d 1093, 1096 (5th Cir.1993) ("We liberally construe briefs in determining issues presented for review; however, issues not raised at all are waived."), we AFFIRM the lower court's dismissal of Ruiz's claims for lost jewelry under the Federal Tort Claims Act, 28 U.S.C. § 2674, and 28 U.S.C. § 1346(a)(2).

5

We also AFFIRM the district court's dismissal of Ruiz's FTCA claim for damages caused by his failure to receive his mail because such actions are statutorily barred. See 28 U.S.C. § 2680(b) ("The provisions of this chapter ... shall not apply to [a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matters."); see also Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir.1992) (stating that this court may "affirm the district court's judgment on any grounds supported by the record").

6

The district court properly dismissed Ruiz's claims for injunctive relief against Judge Hoyt and the other defendants because Ruiz failed to "demonstrate either continuing harm or a real and immediate threat of repeated injury in the future." Society of Separationists, Inc. v. Herman, 959 F.2d 1283, 1285 (5th Cir.1992).

[*275]7

As for Ruiz's claims under either Bivens or 28 U.S.C. § 1346(a)(2) for loss of access to the courts, we also AFFIRM the ruling of the district court. Ruiz did not receive the judgment denying his § 2255 and Rule 41(e) motions in time to file a timely appeal. However, because we agree with the trial court's characterization of Ruiz's underlying claims as frivolous, Ruiz has failed to prove that he suffered an actual injury from his lost appeal. This Court in Jackson v. Procunier, 789 F.2d 307, 312 (5th Cir.1986), left open the question of whether even an intentional denial of mail "would be a deprivation of a constitutional right if it could be shown that no real prejudice resulted because the appeal was purely frivolous." While we decline to address whether or not the acts of the defendants in this case were intentional, we believe that it can be shown that no real prejudice resulted because Ruiz's appeal was ultimately frivolous. Therefore, we hold that without proving an actual injury, a prisoner cannot prevail on an access-to-the-courts claim. Accord Lewis v. Casey, 518 U.S. 343, 349-54, 116 S.Ct. 2174, 2179-81, 135 L.Ed.2d 606 (1996).

8

For the foregoing reasons, we AFFIRM.