Wyatt N. Redfox v. BRANDON JONES, Superintendent

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WYATT N. REDFOX,
Plaintiff-Appellant,
v.
BRANDON JONES, Superintendent;
SANDRA THOMAS, Assistant
Superintendent; SAMUAL MEDLOCK,
Standard's Officer; JANE DOE, "CO
Hodges", Corrections Officer,
Defendants-Appellees.
No. 21-35863
D.C. No. 3:21-cv-00005-SLG-MMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Wyatt N. Redfox, who is incarcerated at Anchorage Correctional Complex
West, appeals pro se from the district court’s judgment dismissing his 42 U.S.C.
* 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).
FILED
APR 20 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-35863
§ 1983 action alleging access-to-courts claims. We have jurisdiction under
28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C.
§ 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We
affirm.
The district court properly dismissed Redfox’s action because Redfox failed
to allege facts sufficient to show actual injury to a nonfrivolous legal claim. See
Lewis v. Casey, 518 U.S. 343, 348-53 (1996) (explaining that an access-to-courts
claim requires a plaintiff to show that defendants’ conduct caused an actual injury
to a nonfrivolous legal claim); see also Christopher v. Harbury, 536 U.S. 403, 415
(2002) (explaining that in an access-to-courts claim, “the underlying cause of
action, whether anticipated or lost, is an element that must be described in the
complaint”).
Redfox’s motion to appoint counsel on appeal (Docket Entry No. 8) is
denied.
AFFIRMED.

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