Ivan Kilgore v. ARNO NAPPI, Senior Librarian;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IVAN KILGORE,
Plaintiff - Appellant,
v.
ARNO NAPPI, Senior Librarian; et al.,
Defendants - Appellees.
No. 14-15711
D.C. No. 2:11-cv-01822-WBS-
KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Ivan Kilgore, a California state prisoner, appeals pro se from the district
court’s judgment 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
FILED
MAR 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th
Cir. 2012). We affirm.
The district court properly dismissed Kilgore’s action because Kilgore failed
to allege facts sufficient to show that he suffered an actual injury as a result of
defendants’ conduct. See Lewis v. Casey, 518 U.S. 343, 348-53 (1996) (access-to-
courts claim requires the plaintiff to show that the defendants’ conduct caused
actual injury to a non-frivolous legal claim); see also Silva v. DiVittorio, 658 F.3d
1090, 1101-04 (9th Cir. 2011) (discussing “affirmative assistance” and
“interference” access-to-courts claims).
The district court did not abuse its discretion by denying leave to amend the
second amended complaint because further amendment would have been futile.
See Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.
2008) (setting forth standard of review and explaining that denial of leave to
amend is improper unless it is clear that the complaint could not be saved by
amendment); see also Metzler Inv. GMBH v. Corinthian Colls., Inc., 540 F.3d
1049, 1072 (9th Cir. 2008) (a district court’s discretion to deny leave to amend is
particularly broad where plaintiff has previously amended).
Appellees’ motion to take judicial notice, filed September 12, 2014, is
granted.
14-15711 2

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Kilgore’s “Motion Requesting Order Directing Clerk of the District Court to
Produce Record of Proceedings,” filed December 31, 2014, is denied as
unnecessary.
AFFIRMED.
14-15711 3

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