Arisman

MEMORANDUM **

California state prisoner David W. Aris-man appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We review for abuse of discretion a district court’s decision whether to appoint counsel. Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101 , 1102 (9th Cir.2004). We affirm in part, vacate in part, and remand.

The district court properly determined that Arisman’s complaint failed to allege facts suggesting that defendant Perry deprived Arisman of property. See Parratt v. Taylor, 451 U.S. 527, 536-37 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981) (noting that a deprivation of life, liberty, or property is a prerequisite to a valid due process claim), overruled in part on other grounds by Daniels v. Williams, 474 U.S. 327 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986). The district court also properly determined that the complaint stated no claim against defendant Morgan because it merely alleged that Morgan violated an institutional regulation…