Marion Howard Stevenson v. Ada County Sheriff, in Official Capacity and Individually

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marion Howard STEVENSON, Plaintiff-Appellant, v. ADA COUNTY SHERIFF, in official capacity and individually, Defendant-Appellee. No. 91-35736. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1991. * Decided Aug. 7, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Marion Howard Stevenson, an Idaho state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous. Stevenson alleges that prison officials failed to return $212.79 when he was transferred to another prison. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We affirm. 3 A state employee's random, unauthorized deprivation of property does not violate the procedural requirements of the due process clause if the state provides a meaningful postdeprivation remedy for the loss.…