Jason Patten v. County of Lake

MEMORANDUM

California state prisoner Jason McCord Patten appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging state and federal claims arising from a search of his car incident to his arrest and conviction for burglary. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A, Ramirez v. Galaza, 334 F.3d 850, 853-54 (9th Cir.2003), and its grant of summary judgment, Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). We may affirm on any ground supported by the record, id., and we affirm.

The district court properly granted summary judgment on Patten’s Fourth Amendment claim because issues related to the initial search and seizure were precluded by the California Court of Appeal’s judgment affirming the denial of Patten’s motion to suppress, and Patten admitted that the subsequent permanent loss of his property was caused by other defendants. See Allen v. McCurry, 449 U.S. 90, 97-98 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (federal claim collaterally estopped by prior state court litigation); Lucido v. Superior Court, 51 Cal.3d 335 , 272 Cal.Rptr. 767 , 795 P.2d 1223,1225…