James McPheters v. City of Boise

MEMORANDUM

James A. McPheters appeals pro se from the district court’s judgment dismiss ing his 42 U.S.C. § 1983 action with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915 (e)(2). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly concluded that McPheters did not acquire title to the property at issue by adverse possession because the record shows that he did not meet the requirements for adverse possession under Idaho law. See Idaho Code Ann. § 5-210 (2001).

The district court properly dismissed McPheters’s Fourth Amendment claim because he was not legitimately on the premises at the time of the alleged search and seizure. See United States v. Cunag, 386 F.3d 888, 893 (9th Cir.2004) (stating that “when an individual is not legitimately on the premises, he does not enjoy the protection afforded by the Fourth Amendment”).

The district court properly dismissed McPheters’s due process claim because the State of Idaho provides an adequate post-deprivation remedy. See Idaho Code Ann. § 6-901 et seq.; Hudson v. Palmer, 468 U.S. 517, 533 ,…