William Bell v. County of Maricopa

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 24 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM LEE BELL, No. 20-16600 Plaintiff-Appellant, D.C. No. 2:19-cv-04809-MTL-JFM v. MEMORANDUM* COUNTY OF MARICOPA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges. Arizona state prisoner William Lee Bell appeals pro se from the district court’s judgment dismissing 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 a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. * 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). 2000). We affirm. The district court properly dismissed Bell’s action because Bell failed to allege facts sufficient to demonstrate that he suffered an actual injury. See Lewis v. Casey, 518 U.S. 343, 349-53 (1996) (elements of an access-to-courts claim and actual injury requirement); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief). AFFIRMED. 2 20-16600