Lorenzo Fosselman v. R. Hidalgo

Good Law
599 F. App'x 310
United States Court of Appeals for the Ninth CircuitMarch 20, 201514-16088California412 words

Opinion

Opinion

MEMORANDUM'

California state prisoner Lorenzo Fos-selman appeals pro se from the district court’s judgment dismissing his civil rights action alleging defendants deprived him of his legal documents and denied him access to the prison’s law library. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (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 Fosselman’s access-to-courts claims because Fosselman failed to allege facts sufficient to show that he suffered an actual injury as a result of any defendant’s conduct. See Silva v. Di Vittorio, 658 F.3d 1090, 1102-04 (9th Cir.2011) (requiring factual allegations showing actual injury in order to state a First Amendment access-to-courts claim); see also Ashcroft v. Iqbal, 556 U.S. 662, 679 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (while factual allegations must be accepted as true, legal conclusions are not entitled to an assumption of truth); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.