The following excerpt is from Lucas v. Tartaglia, Case No.: 1:12-cv-01804-SAB (PC) (E.D. Cal. 2013):
Specifically, in a "backward-looking" access to the courts action,1 a plaintiff must describe (1) a nonfrivolous underlying claim that was allegedly compromised "to show that the 'arguable' nature of the claim is more than hope"; (2) the official acts that frustrated the litigation of that underlying claim; and (3) a "remedy available under the access claim and presently unique to it" that could not be awarded by bringing a separate action on an existing claim. Christopher v. Harbury, 536 U.S. at 416.
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