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Earnest Harris v. E. McCumsey
18-15422
| 9th Cir. | Feb 25, 2019
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*1 Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

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.

*2 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 (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.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Earnest Harris v. E. McCumsey
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 25, 2019
Docket Number: 18-15422
Court Abbreviation: 9th Cir.
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