Ronald Stevenson v. County of Churchill

MEMORANDUM

Ronald Alex Stevenson, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a First Amendment violation. 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); San Diego Cnty. Gun Rights Comm. v. Reno, 98 F.3d 1121 , 1124 (9th Cir.1996) (dismissal for lack of Article III standing). We affirm in part and vacate in part.

The district court properly dismissed Stevenson’s action for lack of standing because Stevenson failed to allege facts sufficient to show an injury in fact. See Lopez v. Candaele, 630 F.3d 775, 785, 787 (9th Cir.2010) (setting forth the elements of Article III standing; injury in fact requires plaintiffs to “articulate a concrete plan to violate the law in question by giving details about their future speech such as when, to whom, where, or under what circumstances” (citations, alterations, and internal quotation marks omitted)). Contrary to Stevenson’s contention, “when plaintiffs challenge the constitutionality of a restriction on the ground that it may unconstitutionally chill the…