U.S. Court of Appeals for the Ninth Circuit, 2021

Eugene Brown v. S. Winn-Reed

Eugene Brown v. S. Winn-Reed
U.S. Court of Appeals for the Ninth Circuit · Decided January 27, 2021

Eugene Brown v. S. Winn-Reed

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 27 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EUGENE CARLTON BROWN, No. 20-15376 Plaintiff-Appellant, D.C. No. 1:19-cv-00240-LJO-BAM v. MEMORANDUM* S. WINN-REED, Mailroom Manager at Sierra Conservation Center; et al., Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding Submitted January 20, 2021** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

California state prisoner Eugene Carlton Brown appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First and Fourteenth Amendment violations in connection with the rejection and disposal of his incoming mail. We have jurisdiction under 28 U.S.C. § 1291. We review de

* 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). novo a 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 Brown’s action because Brown failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); see also Turner v. Safley, 482 U.S. 78, 89-91 (1987) (infringement of a prisoner’s rights is permissible if carried out pursuant to a regulation that is reasonably related to a legitimate governmental interest); Hudson v. Palmer, 468 U.S. 517, 533 (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 post deprivation remedy for the loss is available.”); Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (“[I]nmates lack a separate constitutional entitlement to a specific prison grievance procedure[.]”).

AFFIRMED.

2 20-15376

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