Faron Lovelace v. Robin Sandy

678 F. App'x 567

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2017
• Docket: 16-35782
• Status: Unpublished

Opinion

MEMORANDUM **

Idaho state prisoner Faron E. Lovelace appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging a First Amendment access-to-courts claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 162 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.

The district court properly dismissed Lovelace’s action because Lovelace failed to allege facts sufficient to state a plausible claim. See Fed. R. Civ. P. 8(a)(2) (complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief’); Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (complaint must offer more than “naked assertions devoid of further factual enhancement” (citation, internal quotation marks, and alterations omitted)); Lewis v. Casey, 518 U.S. 343, 349-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (access-to-courts claim requires showing that the defendant’s conduct caused actual injury).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Lovelace’s October 18, 2016 motion for leave to file a supplemental brief is granted. The Clerk shall file the supplemental brief received on October 18, 2016.

All other pending motions and requests are denied.

AFFIRMED.

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