U.S. Court of Appeals for the Ninth Circuit, 2016

Clarence Hearns, Jr. v. Kelley Harrington

Clarence Hearns, Jr. v. Kelley Harrington
U.S. Court of Appeals for the Ninth Circuit · Decided December 23, 2016 · Wallace, Leavy, Fisher
672 F. App'x 711

Clarence Hearns, Jr. v. Kelley Harrington

Opinion

MEMORANDUM **

Clarence Leonard Hearns, Jr., a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his First Amendment right of access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Hearns’s action because Hearns failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also Lewis v. Casey, 518 U.S. 343, 348-49, 352-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (an access-to-courts claim requires a plaintiff to show that defendants’ conduct caused actual injury to a non-frivolous legal claim).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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