Randall Cummer v. James Tilton

Good Law
465 F. App'x 598
United States Court of Appeals for the Ninth CircuitJanuary 4, 201210-17740California425 words

Opinion

Opinion

MEMORANDUM

Randall Cummer, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Cummer’s claims arising from the temporary deprivation of his property because Cummer has an adequate post-deprivation remedy. See Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir.1994) (prisoner failed to state due process claim for deprivation of property because California law provides an adequate post-deprivation remedy). Moreover, Cummer failed to allege that the temporary deprivation of his legal property caused him an actual injury. See Lewis v. Casey, 518 U.S. 343, 349-51 , 353 n. 3, 354-55, 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (for access-to-court claim, prisoner must demonstrate that defendants’ actions resulted in actual injury and hindered his efforts to pursue a non-frivolous legal claim challenging his sentence or conditions of confinement).

The district…

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