Michael James Hicks v. L. Rowe, in individual capacity and as Senior Librarian in official capacity;

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NOT FOR PUBLICATION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
MICHAEL JAMES HICKS,
Plaintiff - Appellant,
v.
L. ROWE, in individual capacity and as
Senior Librarian in official capacity; et al.,
Defendants - Appellees.
No. 11-55785
D.C. No. 2:11-cv-00680-CJC-
FMO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
California state prisoner Michael James Hicks appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging access-to-
courts claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo
FILED
NOV 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-55785 2
the district court’s decision to dismiss for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998)
(order), and for an abuse of discretion its decision to do so without leave to amend,
Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc). We affirm.
The district court properly dismissed Hicks’ complaint because Hicks failed
plausibly to allege actual injury. See Lewis v. Casey, 518 U.S. 343, 348-49 (1996)
(access-to-courts claim requires actual prejudice to contemplated or existing
litigation, such as inability to meet a filing deadline or to present a claim).
The district court did not abuse its discretion in dismissing the complaint
without leave to amend because amendment would be futile. See Lopez, 203 F.3d
at 1130 (dismissal without leave to amend is appropriate where the pleading could
not be cured by the allegation of other facts).
AFFIRMED.

-- 2 of 2 --