NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FARON E. LOVELACE, No. 16-35782
Plaintiff-Appellant, D.C. No. 1:16-cv-00044-EJL
v.
MEMORANDUM*
ROBIN SANDY; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Idaho state prisoner Faron E. Lovelace appeals pro se from the district
court’s judgment in his 42 U.S.C. § 1983 action alleging a First Amendment
access-to-courts claim. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under
*
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).
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)). We affirm.
The district court properly dismissed Lovelace’s action because Lovelace
failed to allege facts sufficient to state a plausible claim. See Fed. R. Civ. P.
8(a)(2) (complaint must contain “a short and plain statement of the claim showing
that the pleader is entitled to relief”); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(complaint must offer more than “naked assertions devoid of further factual
enhancement” (citation, internal quotation marks, and alterations omitted)); Lewis
v. Casey, 518 U.S. 343, 349-53 (1996) (access-to-courts claim requires showing
that the defendant’s conduct caused actual injury).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Lovelace’s October 18, 2016 motion for leave to file a supplemental brief is
granted. The Clerk shall file the supplemental brief received on October 18, 2016.
All other pending motions and requests are denied.
AFFIRMED.
2 16-35782