Stewart

MEMORANDUM ***

Washington state prisoner Tommie Lee Stewart appeals pro se the district court’s dismissal for failure to state a claim of his 42 U.S.C. § 1983 action alleging that prison employees violated his due process and equal protection rights. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), cert. denied, Cholla Ready Mix, Inc. v. Mendez, — U.S. -, 125 S.Ct. 1828 , 161 L.Ed.2d 724 (2005), we affirm.

*939 Stewart alleged that some of the personal property that was confiscated from him when he was placed in segregation was never returned to him, and that his state tort claim of property deprivation was denied based on a finding of no negligence on the state’s part. The district court properly dismissed the action because Stewart’s allegations do not state a constitutional claim. See Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984) (deprivation of property does not constitute a due process violation when a post-deprivation state remedy is available); Wash. Rev.Code § 4.92.090; Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (equal protection…