HARRIS v. MCCUMSEY (2019)

United States Court of Appeals, Ninth Circuit.

Earnest S. HARRIS, Plaintiff-Appellant, v. E. MCCUMSEY, Ms.; Senior Librarian, The Law Library, Pelican Bay State Prison, Defendant-Appellee.

No. 18-15422

Decided: February 25, 2019

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Earnest S. Harris, Pro Se Neculai Catalin Grecea, Esquire, California Department of Justice, San Francisco, CA, for Defendant-Appellee

MEMORANDUM **

California state prisoner Earnest S. Harris appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging an access-to-courts claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009). We affirm.

The district court properly granted summary judgment because Harris failed to raise a genuine dispute of material fact as to whether he suffered an actual injury as a result of defendant’s conduct. See Lewis v. Casey, 518 U.S. 343, 353-54, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (setting forth elements of access-to-courts claim and actual injury requirement).

We do not consider arguments raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

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