James Garrett v. Arizona Department of Corrections

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James GARRETT, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 94-16600. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 22, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 James Garrett, an Arizona state prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of his 42 U.S.C. Sec. 1983 . Garrett contends that prison officials violated his civil rights when they allegedly removed money from his prison account. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we review for abuse of discretion, Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992). We affirm. 3 Where the deprivation of property results from the unpredictable negligent acts of state agents, the availability of an adequate state postdeprivation remedy satisfies due process requirements. Parratt v. Taylor, 451 U.S.…