Travon Thompson v. Ron Hoops

MEMORANDUM

Travon Thompson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging access-to-courts, equal protection, due process, and free exercise claims arising during his pretrial detention. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, vacate in part, and remand.

The district court properly dismissed Thompson’s access-to-courts claim because Thompson failed to allege actual injury. See Lewis v. Casey, 518 U.S. 343, 348-49 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (access-to-courts claim requires actual prejudice to contemplated or existing litigation, such as inability to meet a filing deadline or to present a claim).

The district court properly dismissed Thompson’s equal protection claim because Thompson failed to allege facts demonstrating that defendants acted with the intent to discriminate against him on the basis of his membership in a protected class. See Thornton v. City of St. Helens, 425 F.3d 1158, 1166-67 (9th Cir.2005) (explaining…