Barry Lamon v. J. Masiel

MEMORANDUM

California state prisoner Barry Louis Lamon appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and based on res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court properly dismissed Lamon’s access to courts claim at screening because the second amended complaint failed to state facts suggesting that the alleged interference hindered Lamon’s efforts to pursue a nonfrivolous legal claim. See Lewis v. Casey, 518 U.S. 343, 351 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (setting forth actual injury requirement).

The district court also properly dismissed Lamon’s claims with respect to the supervisory defendants because the second amended complaint failed to state the supervisors’ personal involvement in the alleged constitutional deprivation or a sufficient causal connection between any supervisor’s wrongful conduct and the constitutional violation. See Starr v. Baca, 652 F.3d 1202, 1205-07 (9th Cir.2011)…