FILED
NOT FOR PUBLICATION AUG 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEOFFREY ROBERT LAWSON, No. 15-35577
Plaintiff - Appellant, D.C. No. 3:14-cv-05100-RBL
v.
MEMORANDUM*
BERNARD WARNER; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Geoffrey Robert Lawson, a Washington state prisoner, appeals pro se from
the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal
*
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).
under Fed. R. Civ. P. 12(b)(6); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000)
(dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194
(9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(b)(ii)). We affirm.
The district court properly dismissed Lawson’s access-to-courts claim
because Lawson failed to allege that he suffered an actual injury. See Lewis v.
Casey, 518 U.S. 343, 349-53 (1996) (an access-to-courts claim requires plaintiff to
show that defendants’ conduct caused actual injury to a non-frivolous legal claim).
Although the proposed second amended complaint was timely filed under
the prison mailbox rule, the allegations in that complaint do not cure the
deficiencies in Lawson’s access-to-courts claim. See id.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
2 15-35577