Saahdi Coleman v. P. Figueroa

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SAAHDI COLEMAN, No. 18-17146 Plaintiff-Appellant, D.C. No. 1:15-cv-00109-AWI-EPG v. MEMORANDUM* P. FIGUEROA, Legal Librarian at CSATF, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. California state prisoner Saahdi Coleman 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. * 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). The district court properly granted summary judgment because Coleman failed to raise a genuine dispute of material fact as to whether defendant Figueroa caused Coleman’s injury. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir. 2008) (in order to sustain a § 1983 claim, the plaintiff must establish that the defendant’s conduct was the cause-in-fact and proximate cause of the claimed injury). We do not consider issues or arguments not specifically and distinctly raised in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2