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Carter v. Hampson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2015
599 F. App'x 308 (9th Cir. 2015)

Opinion

No. 14-15321

03-20-2015

IVAN RAY CARTER, Jr., Plaintiff - Appellant, v. VELVA HAMPSON, Senior Librarian at CSATF, Defendant - Appellee.


NOT FOR PUBLICATION

D.C. No. 1:13-cv-00875-DLB MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Dennis L. Beck, Magistrate Judge, Presiding
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Carter consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).

Ivan Ray Carter, Jr., a California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm.

The district court properly dismissed Carter's access-to-courts claims because Carter failed to allege facts sufficient to show that he suffered an actual injury as the result of defendant's conduct. See Lewis v. Casey, 518 U.S. 343, 34853 (1996) (access-to-courts claim requires showing that the defendant's conduct caused actual injury to a non-frivolous legal claim); see also Christopher v. Harbury, 536 U.S. 403, 414-16 (2002) (discussing elements of a backward-looking access-to-courts claim).

The district court did not abuse its discretion by denying leave to amend the complaint because amendment would have been futile. See Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008) (setting forth standard of review and explaining that denial of leave to amend is improper unless it is clear that the complaint could not be saved by amendment).

AFFIRMED.


Summaries of

Carter v. Hampson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2015
599 F. App'x 308 (9th Cir. 2015)
Case details for

Carter v. Hampson

Case Details

Full title:IVAN RAY CARTER, Jr., Plaintiff - Appellant, v. VELVA HAMPSON, Senior…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 20, 2015

Citations

599 F. App'x 308 (9th Cir. 2015)