John Shaw v. Andre Chang , 649 F. App'x 521 ( 2016 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 03 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JOHN SHAW, AKA John Hsia, No. 15-15173
Plaintiff - Appellant, D.C. No. 3:13-cv-02532-NC
v.
MEMORANDUM*
ANDRE CHANG, Officer,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Nathanael M. Cousins, Magistrate Judge, Presiding**
Submitted April 26, 2016***
Before: McKEOWN, WARDLAW and PAEZ, Circuit Judges
John Shaw a.k.a John Hsia, a former California state prisoner, appeals pro se
from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
that he was denied access to the courts while he was incarcerated. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s
summary judgment. Tatum v. City & County of San Francisco, 441 F.3d 1090,
1094 n.3 (9th Cir. 2006). We affirm.
The district court properly granted summary judgment because Shaw failed
to raise a genuine dispute of material fact as to whether defendant’s actions caused
the dismissal of Shaw’s federal habeas action or otherwise impaired Shaw’s ability
to pursue federal habeas relief. See Lewis v. Casey, 518 U.S. 343, 349-53 (1996)
(access-to-courts claim requires showing that the defendant’s conduct caused
actual injury to a non-frivolous legal claim).
Because we affirm on the merits, we do not reach the district court’s
alternate basis for granting summary judgment that Shaw did not exhaust his
administrative remedies.
We do not consider arguments raised for the first time on appeal. See
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Shaw’s pending motions and requests are denied.
AFFIRMED.
2 15-15173