Jones

MEMORANDUM *

The district court dismissed Plaintiffs second amended complaint, pursuant to the screening provisions of 28 U.S.C. § 1915A for failure to state a claim. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and reverse in part. Accepting all material allegations in the complaint as true and construing those allegations in the light most favorable to Plaintiff, the complaint sets out three legally viable claims.

A. The Access-to-Courts Claim

A prison official’s destruction of legal materials could constitute a denial of meaningful access to the courts. See Vigliotto v. Terry, 873 F.2d 1201, 1202 (9th Cir.1989). The constitutional guarantee of access to the courts encompasses only direct criminal appeals, habeas petitions, and civil rights challenges to the conditions of confinement and requires a showing of actual prejudice. Lewis v. Casey, 518 U.S. 343, 348-49, 354-55 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996); Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1159-60 (9th Cir.2003).

In Count I of his second amended complaint, Plaintiff alleged that Defendant Lopez’ destruction of his legal materials had consequences to ongoing…