Opinion

Brown v. Slaughter

  • 69 F. App'x 370
Court
Court of Appeals for the Ninth Circuit
Filed
Jun 18, 2003
Status
Published
On the bench
Rymer, Silverman, Thomas
Cited by
0 cases
Authority
More cited than 9.9%

The opinion

MEMORANDUM **

Keith A. Brown, a Montana state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915 for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

Brown alleged that defendants violated his right to due process by failing to deliver a typewriter he had purchased. The district court properly dismissed the action because negligent deprivation of a prisoner’s property is not actionable as a due process violation under section 1983, see Daniels v. Williams, 474 U.S. 327, 328 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986), and intentional deprivation fails to state a due process claim where, as here, the state provides an adequate post-deprivation remedy, see Mont.Code Ann. § 2-9-101(1); Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir.1994) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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