Jeremy Strohmeyer v. K. Belanger

MEMORANDUM

Nevada state prisoner Jeremy Stroh-meyer appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims in connection with an assault and disciplinary hearings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm in part, reverse in part, vacate in part, and remand.

The district court properly dismissed Strohmeyer’s due process claim for unlawful deprivation of his property because Strohmeyer had an adequate postde-privation remedy under Nevada law. See Nev. Rev. Stat. §§ 41.031 , 41.0322; Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984) (“[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postde-privation remedy for the loss is available.”).

The district court properly dismissed Strohmeyer’s due process claim arising from a December 2012 disciplinary hearing because the result of that…