In re David T. Evans

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 6/22/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/25/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 In re DAVID T. EVANS, C-92387, 9 Plaintiff. 10 ) ) ) ) ) ) ) ) ) No. C 12-3188 CRB (PR) ORDER OF DISMISSAL 11 Plaintiff, a prisoner at Avenal State Prison, has filed a pro se civil rights 12 13 complaint under 42 U.S.C. § 1983 seeking relief for allegedly unlawful 14 deprivation of property at San Quentin State Prison. DISCUSSION 15 16 17 A. Standard of Review Federal courts must engage in a preliminary screening of cases in which 18 prisoners seek redress from a governmental entity or officer or employee of a 19 governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable 20 claims or dismiss the complaint, or any portion of the complaint, if the complaint 21 "is frivolous, malicious, or fails to state a claim upon which relief may be 22 granted," or "seeks monetary relief from a defendant who is immune from such 23 relief." Id. § 1915A(b). Pro se pleadings must be liberally construed, however. 24 Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 25 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two 26 essential elements: (1) that a right secured by the Constitution or laws of the 27 United States was violated, and (2) that the alleged violation was committed by a 28 person acting under the color of state law. West v. Atkins, 487 US 42, 48 (1988). 1 B. 2 Legal Claims A negligent or intentional deprivation of a state prisoner's property fails to 3 state a due process claim under § 1983 if the state has an adequate post- 4 deprivation remedy. See Hudson v. Palmer, 468 U.S. 517, 533 (1984). 5 California Law provides such an adequate post-deprivation remedy for 6 deprivations of property. See Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 7 1994) (citing Cal. Gov't Code §§ 810-895). Plaintiff's allegations fail to state a 8 claim cognizable under § 1983. See id. at 817.1 CONCLUSION 9 For the foregoing reasons, the complaint is DISMISSED for failure to 10 11 state a claim under the authority of 28 U.S.C. § 1915A(b). The clerk shall enter judgment in accordance with this order and close the 12 13 file. 14 SO ORDERED. 15 DATED: June 22, 2012 CHARLES R. BREYER United States District Judge 16 17 18 19 20 21 22 23 G:\PRO-SE\CRB\CR.12\Evans, D.12-3188.dismissal.wpd 24 25 1 27 A prisoner is not protected by the Fourth Amendment against the seizure, destruction or conversion of his property. See Taylor v. Knapp, 871 F.2d 803, 806 (9th Cir. 1989). 28 2 26

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