Johnny Evans v. El Dorado Hill

Ninth Circuit

Johnny Evans v. El Dorado Hill

457 F. App'x 618

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 1, 2011

Docket10-15228

StatusUnpublished

Cited by1 cases

This text of 457 F. App'x 618 (Johnny Evans v. El Dorado Hill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnny Evans v. El Dorado Hill, 457 F. App'x 618 (9th Cir. 2011).

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Opinion

MEMORANDUM **

Johnny Earl Evans, a California state prisoner, appeals pro se from the district court’s order 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 a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Evans’s action because Evans’s access-to-courts claim concerning his attempt to file a small claims court case failed to allege any actual injury as a result of his alleged inadequate access to the prison law library and legal research materials. See Lewis v. Casey, 518 U.S. 343, 349-51, 353 n. 3, 354-55, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (prisoner must demonstrate that the alleged shortcomings in the prison’s library or legal assistance program resulted in actual injury and hindered his efforts to pursue a non-frivolous legal claim challenging his sentence or conditions of confinement).

Because an amended complaint supersedes a previous complaint, Evans has waived any errors in the district court’s dismissal of his original complaint for any claims not realleged in his operative complaint. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir.1997).

AFFIRMED.

**

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

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MEMORANDUM **

Johnny Earl Evans, a California state prisoner, appeals pro se from the district court’s order 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 a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Evans’s action because Evans’s access-to-courts claim concerning his attempt to file a small claims court case failed to allege any actual injury as a result of his alleged inadequate access to the prison law library and legal research materials. See Lewis v. Casey, 518 U.S. 343, 349-51, 353 n. 3, 354-55, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (prisoner must demonstrate that the alleged shortcomings in the prison’s library or legal assistance program resulted in actual injury and hindered his efforts to pursue a non-frivolous legal claim challenging his sentence or conditions of confinement).

Because an amended complaint supersedes a previous complaint, Evans has waived any errors in the district court’s dismissal of his original complaint for any claims not realleged in his operative complaint. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir.1997).

AFFIRMED.

**

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

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457 F. App'x 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnny-evans-v-el-dorado-hill-ca9-2011.

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