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Clarence Hearns, Jr. v. A. Hedgpeth
672 F. App'x 717
| 9th Cir. | 2016
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*1 Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

Clarence Leonard Hearns, Jr., a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his First Amendment right of access to the courts. We *2 have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes , 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Hearns’s action because Hearns failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler , 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also Lewis v. Casey , 518 U.S. 343, 348-49, 352-53 (1996) (an access- to-courts claim requires a plaintiff to show that defendants’ conduct caused actual injury to a non-frivolous legal claim).

AFFIRMED.

2 15-17304

[*] 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: Clarence Hearns, Jr. v. A. Hedgpeth
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 23, 2016
Citation: 672 F. App'x 717
Docket Number: 15-17304
Court Abbreviation: 9th Cir.
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