Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Eastern District of California. D.C. No. 2:12-cv-02411-MCE-CMK. Morrison C. England, Jr., Chief Judge, Presiding.
DARRYL JOHNSON, Plaintiff - Appellant, Pro se, Vacaville, CA.
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Darryl Johnson appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his due process rights arising from the loss of his property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007). We affirm.
The district court properly dismissed Johnson's action because Johnson had an adequate post-deprivation remedy under California law. See Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) (" [A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available." ); Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 1994) (per curiam) (" California [l]aw provides an adequate post-deprivation remedy for any property deprivations." ).
AFFIRMED.