Brown v. Slaughter , 69 F. App'x 370 ( 2003 )

MEMORANDUM^**

Keith A. Brown, a Montana state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915 for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

Brown alleged that defendants violated his right to due process by failing to deliver a typewriter he had purchased. The district court properly dismissed the action because negligent deprivation of a prisoner’s property is not actionable as a due process violation under section 1983, see Daniels v. Williams, 474 U.S. 327, 328, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986), and intentional deprivation fails to state a due process claim where, as here, the state provides an adequate post-deprivation remedy, see Mont.Code Ann. § 2-9-101(1); Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir.1994) (per curiam).

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.