Lawrence Cyprian v. Derrick Givens

MEMORANDUM

California state prisoner Lawrence Cyprian appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging claims related to allegedly false disciplinary charges against him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Serrano v. Francis, 345 F.3d 1071 , 1077 n. 5 (9th Cir.2003) (dismissal under Fed.R.Civ.P. 12(b)(6)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly granted summary judgment on Cyprian’s claims against defendant Newman because Cyprian failed to raise a genuine dispute of material fact as to whether Newman, a private attorney who successfully defended Cyprian in a felony criminal trial, acted under color of state law. See Simmons v. Sacramento Cnty. Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (lawyer in private practice is not a state actor under § 1983, and conclusory allegations that the lawyer was conspiring with state officers are insufficient to establish liability).

The district court properly dismissed Cyprian’s access-to-courts claim because…