Quincy Sims v. C. Lesinak

U.S. Court of Appeals for the Ninth Circuit
Quincy Sims v. C. Lesinak, 645 F. App'x 559 (9th Cir. 2016)

Quincy Sims v. C. Lesinak

Opinion

MEMORANDUM ***

California state prisoner Quincy Sims appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a due process claim arising out of the confiscation of his personal property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm.

*560 The district court properly dismissed Sims’ action because Sims 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.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Quincy SIMS, Plaintiff-Appellant, v. C. LESINAK, Leiutenant at Kern Valley State Prison, Defendant-Appellee
Status
Unpublished