David Tyrone Hall, Plaintiff-appellant, v. Arizona State Department of Corrections, et al., Defendants-appellees, 977 F.2d 588 (9th Cir. 1992)

MEMORANDUM^** 

David Tyrone Hall, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action against various prison officials. In his complaint, Hall alleged that because of the prison officials' negligent or intentional conduct, he never received a cassette tape mailed to him. The district court found that Hall failed to state a claim because he had an adequate state post-deprivation remedy. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review de novo the district court's dismissal for failure to state a claim pursuant to Fed. R. Civ. P. 12(b) (6). Tanner v. Heise, 879 F.2d 572, 576 (9th Cir. 1989).

Negligent or intentional deprivation of a prisoner's personal property does not constitute a due process violation if the prisoner has an adequate post-deprivation remedy. Hudson v. Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 544 (1981). Here, Arizona law provides Hall with an adequate state post-deprivation remedy. See Ariz.Rev.Stat. § 12-821 et seq. Accordingly, the district court properly found that Hall did not state a claim under section 1983 regarding the loss of his property. See Hudson, 468 U.S. at 533; Parratt, 451 U.S. at 544.

AFFIRMED.