Billy G. Buzbee, Plaintiff-appellant, v. State of Arizona; Charles Ryan, Assistant Director; Georgeherman, Warden; Deb Lopez, Ccs; D.j. Ridgley,cpo I; Cso Lasswell, Ii; S. Morgan,cso I, Defendants-appellees, 108 F.3d 1384 (9th Cir. 1997)

MEMORANDUM^** 

Billy G. Buzbee, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion a district court's dismissal of an in forma pauperis complaint as frivolous,¹  see Denton v. Hernandez, 504 U.S. 25, 33 (1992), and we dismiss.

Buzbee alleged that prison officials confiscated and later destroyed his cassette tapes, shirts, and spices without giving him the opportunity to contest the confiscation or destruction. The district court dismissed Buzbee's action, finding that the alleged deprivation of property was unauthorized and therefore not properly in federal court. See Hudson v. Palmer, 468 U.S. 517, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 540-41 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 (1986).

Buzbee, however, failed to allege that this property deprivation was pursuant to an established prison procedure. See Logan v. Zimmerman Brush Co., 455 U.S. 422, 435-36 (1982); Piatt v. MacDougall, 773 F.2d 1032, 1036 (9th Cir. 1985) (en banc); Quick v. Jones, 754 F.2d 1521, 1523-24 (9th Cir. 1985). Accordingly, for this reason, see Reynolds v. County of San Diego, 84 F.3d 1162, 1166 (9th Cir. 1996), we conclude that the district court did not abuse its discretion by dismissing Buzbee's complaint as frivolous, see Denton, 504 U.S. at 33.

DISMISSED.