Lance Reberger v. GREG COX, NDOC Deputy of Operations;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LANCE REBERGER,
Plaintiff - Appellant,
v.
GREG COX, NDOC Deputy of
Operations; et al.,
Defendants - Appellees.
No. 11-15358
D.C. No. 2:10-cv-02022-GMN-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Lance Reberger, a Nevada state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging prison officials
violated his civil rights. We have jurisdiction under 28 U.S.C. § 1291. We review
FILED
APR 26 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-15358 2
de novo a district court’s dismissal under 28 U.S.C. § 1915(e)(2) for failure to state
a claim, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005), and we
affirm.
The district court properly dismissed Reberger’s claims that prison officials
deprived him of property without due process because Reberger had an adequate
postdeprivation remedy under Nevada law. See Hudson v. Palmer, 468 U.S. 517,
533 (1984) (“[A]n unauthorized intentional deprivation of property by a state
employee does not constitute a violation of the procedural requirements of the Due
Process Clause of the Fourteenth Amendment if a meaningful postdeprivation
remedy for the loss is available.”); Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.
1994) (per curiam) (“[A] negligent or intentional deprivation of a prisoner’s
property fails to state a claim under section 1983 if the state has an adequate post
deprivation remedy.”); see also Nev. Rev. Stat. §§ 41.031, 41.0322.
Reberger’s remaining contentions are unpersuasive.
AFFIRMED.

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