Johnny Earl Evans v. El Dorado Hill;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY EARL EVANS,
Plaintiff - Appellant,
v.
EL DORADO HILL; et al.,
Defendants - Appellees.
No. 10-15228
D.C. No. 1:07-cv-00604-OWW-
WMW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Johnny Earl Evans, a California state prisoner, appeals pro se from the
district court’s order dismissing his 42 U.S.C. § 1983 action alleging denial of
access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v.
FILED
NOV 01 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-15228 2
Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Evans’s action because Evans’s access-
to-courts claim concerning his attempt to file a small claims court case failed to
allege any actual injury as a result of his alleged inadequate access to the prison
law library and legal research materials. See Lewis v. Casey, 518 U.S. 343, 349-51,
353 n.3, 354-55 (1996) (prisoner must demonstrate that the alleged shortcomings
in the prison’s library or legal assistance program resulted in actual injury and
hindered his efforts to pursue a non-frivolous legal claim challenging his sentence
or conditions of confinement).
Because an amended complaint supersedes a previous complaint, Evans has
waived any errors in the district court’s dismissal of his original complaint for any
claims not realleged in his operative complaint. See Forsyth v. Humana, Inc., 114
F.3d 1467, 1474 (9th Cir. 1997).
AFFIRMED.

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