Juda

Juda v. Andrews

Good Law
53 F. App'x 435
United States Court of Appeals for the Ninth CircuitDecember 10, 2002No. 02-15705; D.C. No. CV-00-07146-DLBCalifornia243 words

Opinion

Lead Opinion

MEMORANDUM **

Olaf Peter Juda, a federal prisoner, appeals pro se the district court’s judgment dismissing his Bivens action alleging due process and Eighth Amendment violations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). We affirm.

The district court properly dismissed Juda’s action because he conceded in his First Amended Complaint that he failed to exhaust his administrative remedies. See *436 Booth v. Churner, 532 U.S. 731, 741 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001); see also Wyatt v. Terhune, 305 F.3d 1033, 1045-46 (9th Cir.2002) (recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust).

To the extent Juda contends that he did exhaust administrative remedies as to his due process claim for the loss of two pairs of trousers, the dismissal of this claim is affirmed because Juda cannot state a constitutional claim where the state provides an adequate post-deprivation remedy. See Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); see Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir.1994) (explaining that…

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