Michael Lena v. San Quentin State Prison

MEMORANDUM

California state prisoner Michael Angelo Lena appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging access-to-courts and due process claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008), and we affirm.

Dismissal of Lena’s access-to-courts claim was proper because Lena was represented by court-appointed counsel in his state criminal appeal. See Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981) (availability of court-appointed counsel satisfies the constitutional obligation to provide meaningful access to the courts);

The district court properly dismissed Lena’s due process claim arising from unauthorized property deprivations because Lena had an adequate postdeprivation remedy under California law. See 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…