Malone v. Martinez

377 F. App'x 621

Opinion

MEMORANDUM **

Deshawn Malone, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendant violated his right of access to courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and we affirm.

Malone claimed that defendant failed to give him a partially completed complaint and supporting materials that Malone had requested from his personal property. The district court properly granted summary judgment because Malone failed to raise a triable issue as to whether he suffered an actual injury as a result of defendant’s alleged conduct. See Lewis v. Casey, 518 U.S. 343, 351-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (describing actual injury requirement); Jones, 393 F.3d at 936 (affirming summary judgment on access to courts claim on the ground that plaintiff did not show “injury, such as inability to file a complaint or defend against a charge”).

Malone’s remaining contentions are unpersuasive.

AFFIRMED.

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