WILLIAM THORNTON V. GEORGE NEOTTI, No. 11-55108 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT WILLIAM CECIL THORNTON, Plaintiff - Appellant, No. 11-55108 D.C. No. 3:10-cv-01677-LABBGS v. GEORGE A. NEOTTI; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. California state prisoner William Cecil Thornton appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts. We have jurisdiction under 28 U.S.C. § 1291. We review de * 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). novo the district court s dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm. The district court properly dismissed Thornton s access to courts claim because he failed to allege any facts to establish that he has been hindered from pursuing a nonfrivolous claim. See Christopher v. Harbury, 536 U.S. 403, 415-16 (2002) (underlying claim must be described well enough to apply the nonfrivolous test ); Lewis v. Casey, 518 U.S. 343, 348-49, 353 (1996) (to state an access to courts claim, inmate must demonstrate that a nonfrivolous legal claim had been frustrated or was being impeded ). The district court properly dismissed Thornton s claims concerning the handling of his grievances because he has not stated a legitimate claim of entitlement to grievance procedures. See Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988) (order). Thornton s remaining contentions are unpersuasive. AFFIRMED. 2 11-55108

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