Martinez v. U.S. District Court et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 8/31/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 8/31/2009)

1 2 3 4 5 6 7 8 9 10 LEO P. MARTINEZ, Plaintiff, v. CDC STATE OF CALIFORNIA, Defendant. / No. C 09-3544 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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This is a civil rights case brought pro se by a state prisoner. The only defendant named is the California Department of Corrections, a state agency. The California Department of Corrections and Rehabilitation, as it is now known, cannot be sued in federal court. See Brown v. Cal. Dep't of Corrs., 554 F.3d 747, 752 (9th Cir. 2009) (California Department of Corrections and California Board of Prison Terms entitled to 11th Amendment immunity). In addition, plaintiff's claim is for a correctional officer's negligent loss of some of his personal property. Neither the negligent nor intentional deprivation of property states a due process claim under Section 1983 if the deprivation was random and unauthorized, as seems to be the case here. See Parratt v. Taylor, 451 U.S. 527, 535-44 (1981) (state employee negligently lost prisoner's hobby kit), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 (1986); Hudson v. Palmer, 468 U.S. 517, 533 (1984) (intentional destruction of inmate's property). For these reasons, the complaint is DISMISSED with prejudice. The clerk shall close the file. IT IS SO ORDERED. Dated: August 31 , 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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United States District Court

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For the Northern District of California

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