John Bettys v. Charlie Wend

MEMORANDUM

Washington state prisoner John E. Bet-tys appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging claims for the denial of his right of access to the courts and unauthorized deprivation of property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Bettys’s access-to-courts claim because Bettys failed to raise a genuine dispute of material fact as to whether he suffered actual injury. See Lewis v. Casey, 518 U.S. 343, 348-49 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (setting forth actual injury requirement); see also Galen v. County of Los Angeles, 477 F.3d 652, 662 (9th Cir.2007) (§ 1983 does not provide a cause of action for violations of state law).

The district court properly granted summary judgment on Bettys’s deprivation of property claim because adequate post-deprivation remedies existed to address any alleged deprivation of property. See Wright v. Riveland, 219 F.3d 905, 918 (9th Cir.2000) (established prison grievance procedures and Washington state tort law actions are adequate…