FILED
NOT FOR PUBLICATION APR 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DESHAWN MALONE, No. 07-16587
Plaintiff - Appellant, D.C. No.
2:03-cv-00363-FCD-KJM
v.
MARTINEZ, Correctional Officer, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Deshawn Malone, a California state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendant
violated his right of access to courts. We have jurisdiction under 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291. We review de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004),
and we affirm.
Malone claimed that defendant failed to give him a partially completed
complaint and supporting materials that Malone had requested from his personal
property. The district court properly granted summary judgment because Malone
failed to raise a triable issue as to whether he suffered an actual injury as a result of
defendant’s alleged conduct. See Lewis v. Casey, 518 U.S. 343, 351-53 (1996)
(describing actual injury requirement); Jones, 393 F.3d at 936 (affirming summary
judgment on access to courts claim on the ground that plaintiff did not show
“injury, such as inability to file a complaint or defend against a charge”).
Malone’s remaining contentions are unpersuasive.
AFFIRMED.
2 07-16587