NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JOHN RAY GHOLAR, No. 13-17388
Plaintiff - Appellant, D.C. No. 1:12-cv-01182-LJO-SAB
v.
MEMORANDUM*
JAMES A. YATES, Warden,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted October 14, 2014 **
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
John Ray Gholar appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging denial of access to the courts. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v.
Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal 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).
§ 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order)
(dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.
The district court properly dismissed Gholar’s action because Gholar failed
to allege sufficient facts to show any actual injury due to the alleged inadequate
prison law library access. See Lewis v. Casey, 518 U.S. 343, 348-49 (1996)
(access-to-courts claim requires the plaintiff to show that the defendants’ conduct
caused actual injury to a non-frivolous legal claim).
Appellee’s request for judicial notice is granted. See Fed. R. Evid. 201.
AFFIRMED.
1
2 13-17388