Body v. Ca. Dept. of Corrections et al

Filing 6

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/10/12. (nah, COURT STAFF) (Filed on 1/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MANUEL L. BODY,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-5734 PJH (PR)

v.

ORDER OF DISMISSAL

Correctional Officer M. PHILLIPS, et al.,
Defendants.
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Plaintiff, a state prisoner, has filed a civil rights complaint contending that his flat-

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screen television set was seized and lost when he was sent to segregation. This complaint

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duplicates that in case number C 11-4702 PJH (PR), which was dismissed on November 8,

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2011, because his allegations involved a random and unauthorized deprivation of property

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not cognizable under section 1983. See Parratt v. Taylor, 451 U.S. 527, 535-44 (1981)

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(state employee negligently lost prisoner's hobby kit), overruled in part on other grounds,

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Daniels v. Williams, 474 U.S. 327, 330-31 (1986); Hudson v. Palmer, 468 U.S. 517, 533

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(1984) (intentional destruction of inmate's property). Plaintiff does not explain why he filed

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another case raising the same claims.

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Because this complaint is duplicative, and because plaintiff cannot state a federal
claim, the complaint is DISMISSED with prejudice. The clerk shall close the file.
IT IS SO ORDERED.
Dated: January 10, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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