Rocha

Johnson v. Rocha

Good Law
128 F. App'x 586
United States Court of Appeals for the Ninth CircuitApril 4, 2005No. 04-15084; D.C. No. CV-02-00384-SBACalifornia390 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Garrison Johnson appeals pro se the district court’s sua sponte dismissal of Johnson’s first amended complaint in his 42 U.S.C. § 1983 action alleging equal protection violations, denial of access to the courts, and an Eighth Amendment violation. The district court dismissed the action for failure to state a claim under 28 U.S.C. § 1915A. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), we affirm.

The district court properly dismissed Johnson’s Eighth Amendment claim that prison officials were deliberately indifferent to his medical needs by denying him one-on-one psychological counseling, because Johnson’s allegations regarding the psychological pain he experienced were conclusory. See Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004).

The district court properly dismissed Johnson’s claim for denial of access to the courts because Johnson failed to allege an actual injury. See Lewis v. Casey, 518 U.S. 343, 349 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996).

The district court properly dismissed Johnson’s due process claim because…

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