Ward

MEMORANDUM **

Arizona state prisoner Timothy Lee Ward appeals pro se from the district court’s summary judgment in favor of defendant Bennett in his 42 U.S.C. § 1983 action, as well as its earlier order dismissing claims under the screening provisions of the Prison Litigation Reform Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal of a complaint under 28 U.S.C. § 1915A for failure to state a claim). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Ward’s access to courts claim, because the record shows defendant Bennett was on leave from his job during the time in question, and Ward failed to follow the district court’s instructions regarding the procedure for filing an amended complaint to add new defendants. Cf. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.1992) (concluding district court did not abuse its discretion in dismissing action after appellant failed to comply with court order requiring him to refile a second amended complaint). Accordingly, the evidence…