King v. Medina, et al.

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/26/17 RECOMMENDING that plaintiff's complaint be dismissed for failure to state a claim upon which relief can be granted; and this case be closed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFRED KING,

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Plaintiff,

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No. 2:16-cv-2709 JAM CKD P

v.

FINDINGS AND RECOMMENDATIONS

P. MEDINA, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983 against employees of the California Department of Corrections and Rehabilitation.

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Plaintiff has paid the filing fee and this proceeding was referred to this court by Local Rule 302

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pursuant to 28 U.S.C. § 636(b)(1).
The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint if the complaint fails to state a claim upon which relief may be

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granted. 28 U.S.C. § 1915A(b)(1),(2). When considering whether a complaint states a claim

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upon which relief can be granted, the court must accept the allegations in the complaint as true,

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Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007), and construe the complaint in the light most

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favorable to the plaintiff, see Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).

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In his complaint, plaintiff alleges that on February 8, 2011, defendant Medina, a

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Correctional Officer at California State Prison-Solano, confiscated a watch, a chain with a

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religious medal and bracelets which were all being worn by plaintiff. It is not clear where the

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items are now. While plaintiff agrees the items were properly confiscated, he alleges the items

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should not have been retained or discarded by prison staff. Rather, plaintiff alleges he should

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have been permitted, under California law, to mail the items outside of the prison.

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The United States Supreme Court has held that “an unauthorized intentional deprivation

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of property by a state employee does not constitute a violation of the procedural requirements of

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the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for

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the loss is available.” Hudson v. Palmer, 468 U.S. 517, 533 (1984). Such a remedy is available

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in California through the California Government Code, § 900, et seq.

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In light of the foregoing, plaintiff has not stated a claim upon which he may proceed for

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violation of due process with respect to his property loss, and had not stated an actionable claim

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for violation of any other federal law. Therefore, plaintiff’s complaint must be dismissed. Leave

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to amend will not be granted as it does not appear plaintiff can provide additional facts which

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would result in plaintiff stating a claim upon which relief could be granted.

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In accordance with the above, IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s complaint be dismissed for failure to state a claim upon which relief can be

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granted; and

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2. This case be closed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: January 26, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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king2709.dis

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