Antonio Gutierrez v. Max Williams

MEMORANDUM

Oregon state prisoner Antonio Alejandro Gutierrez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by selling him defective shoes in the prison commissary. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under Fed. R.Civ.P. 12(b)(6). Watson v. Weeks, 436 F.3d 1152 , 1157 (9th Cir.2006). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

The district court properly dismissed Gutierrez’s Eighth Amendment claim because Gutierrez failed to allege facts showing a “sufficiently serious” deprivation or that defendants acted with a “sufficiently culpable state of mind.” Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (outlining elements of an Eighth Amendment violation).

Dismissal of Gutierrez’s due process claim was proper because Gutierrez has an adequate post-deprivation remedy under Oregon state law. See Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per cu-riam) (“[A] negligent or intentional…