Riper
Riper v. Nevada State Prison Officials
Opinion
Lead Opinion
MEMORANDUM **
Mayfield Allen Riper, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his civil rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part and vacate in part, and remand.
The district court properly dismissed Ki-per’s claim that defendant Adamson deprived him of property without due process because Riper had an adequate post deprivation remedy under Nevada law. See Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam) (“[A] negligent or intentional deprivation of a prisoner’s property fails to state a claim under section 1983 if the state has an adequate post deprivation remedy.”); see also Nev.Rev. Stat. 41.0322.
The district court properly dismissed Kiper’s claim against defendant Skolnik because the amended complaint did not allege facts to show that the Skolnik deprived Riper of a constitutional or federal right. See Lopez v. Dep’t of Health Servs., 939 F.2d 881, 883 (9th Cir.1991) (setting forth elements…