RICHARD GAHR V. GARY SWARTHOUT, No. 11-15013 (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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICHARD L. GAHR, No. 11-15013 Plaintiff - Appellant, D.C. No. 2:10-cv-02356-FCDGGH v. GARY SWARTHOUT; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. California state prisoner Richard L. Gahr appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts and defamation. We have jurisdiction under 28 U.S.C. § 1291. We * 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). review de novo a dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm. The district court properly dismissed Gahr s action because he failed to allege prison officials refusal to photocopy documents caused him actual injury or deprivation of a protected liberty or property interest. See Lewis v. Casey, 518 U.S. 343, 348-49 (1996) (actual injury for access-to-courts claim requires showing that defendants hindered a non-frivolous legal claim); Paul v. Davis, 424 U.S. 693, 712 (1976) (§ 1983 defamation claim requires violation of protected liberty or property interest). AFFIRMED. 2 11-15013
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