Colbert
Colbert v. Blaylock
Opinion
Lead Opinion
MEMORANDUM **
Reginald Colbert, a California state inmate, appeals pro se from the district court’s order dismissing his action alleging defendants destroyed his hearing aid in violation of 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act (“ADA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s sua sponte dismissal of a complaint under 28 U.S.C. § 1915A for failure to state a claim. Ramirez v. Galazo, 334 F.3d 850 , 853 (9th Cir.2003). We review the denial of leave to amend for an abuse of discretion. Id. at 854. We affirm.
The district court properly dismissed Colbert’s section 1983 claim because California law provides an adequate post-deprivation remedy for property deprivations. See Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir.1994). Moreover, the prison provided Colbert with a replacement hearing aid, and an appointment with an audiologist to correct malfunctions with the replacement.
The district court also properly dismissed Colbert’s ADA claim because Colbert failed to allege any denial of service based on his disability. See Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002).