Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHANTELL GOSZTYLA, Case No. 1:22-cv-00763-JLT-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (Doc. 14) KATHLEEN ALLISON, Defendant. 16 The Magistrate Judge filed Findings and Recommendations, recommending this action be dismissed because Plaintiff failed to state a claim. (Doc. 14.) Plaintiff filed objections arguing the Defendant did not offer any post-deprivation remedy, which were, essentially, the same arguments made in her first amended complaint. (Doc. 15.) Because the state of California provides Plaintiff with a post-deprivation remedy for her claimed loss, Plaintiff cannot prevail on her Fifth Amendment due process claim which stems from the confiscation of her JPay tablet. Hudson v. Palmer, 468 U.S. 517, 533 (1984); Zinermon v. Burch, 494 U.S. 113, 129-32 (1990). As the magistrate judge informed Plaintiff in the Findings and Recommendations and in the screening order, Plaintiff must pursue the return of her…