Gregory Goods v. D. Hamad ( 2020 )

NOT FOR PUBLICATION FILED
DEC 10 2020
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY GOODS, No. 19-15393
Plaintiff-Appellant, D.C. No. 2:14-cv-02580-TLN-KJN
v.
MEMORANDUM*
D. HAMAD; et al.,
Defendants-Appellees,
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted December 2, 2020**
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
California state prisoner Gregory Goods 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 a
dismissal under Fed. R. Civ. P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th
*
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).
Cir. 2010). We affirm.
The district court properly dismissed Goods’s action because Goods failed to
allege facts sufficient to show that he suffered an actual injury to a nonfrivolous
legal claim as a result of defendants’ conduct. See Lewis v. Casey, 518 U.S. 343,
348-53 (1996) (access-to-courts claim requires a prisoner to show that defendants’
conduct caused an actual injury to a nonfrivolous legal claim).
We reject as without merit Goods’s contentions regarding judicial bias.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or documents and facts not presented to the district court. See
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009); United States v. Elias,
921 F.2d 870, 874 (9th Cir. 1990).
AFFIRMED.
2 19-15393