Patricia Gregory v. County of San Diego

MEMORANDUM

Former California state prisoner Patricia A. Gregory appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging access-to-courts claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.

The district court properly dismissed Gregory’s access-to-court claim stemming from her direct criminal appeal and habeas petition because Gregory failed to allege facts sufficient to show that she suffered actual injury as a result of defendants’ conduct or policies. See Lewis v. Casey, 518 U.S. 343, 348-49, 354-55 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (setting forth actual injury requirement); see also Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (setting forth requirements for municipal liar bility).

The district court properly dismissed Gregory’s access-to-courts claim stemming from the State Bar decision against her because Gregory has no constitutional right of access to the courts to litigate an unrelated civil claim. See Simmons v. Sacramento Cty. Superior Court, 318…