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Garner v. Shearin

United States District Court, D. Maryland

February 14, 2014

KEVIN GARNER, Plaintiff,
v.
BOBBY P. SHEARIN, et al., Defendants.

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

The Court is in receipt of Plaintiff's Court-directed Amended Complaint, filed pursuant to 42 U.S.C. § 1983, wherein he states that on September 10, 2010, Sgt. Sires "made [him] send [his] property home and destroy it." ECF No. 5. Plaintiff also seeks leave to proceed in forma pauperis [ECF No. 6], which shall be granted.

In the case of lost or stolen property, sufficient due process is afforded to a prisoner if he has access to an adequate post-deprivation remedy. See Parratt v. Taylor, 451 U.S. 527, 542-44 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 (1986). The right to seek damages and injunctive relief in Maryland courts constitutes an adequate post deprivation remedy.[1] See Juncker v. Tinney, 549 F.Supp. 574, 579 (D. Md. 1982).[2] Thus, the complaint presented here shall be dismissed under the provisions of 28 U.S.C. § 1915(e). See Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Denton v. Hernandez, 504 U.S. 25, 32 (1992); Cochran v. Morris, 73 F.3d 1310, 1315 (4th Cir. 1996); Nasim v. Warden, 64 F.3d 951, 955 (4th Cir. 1995).

Plaintiff is hereby notified that he may be barred from filing future suits in forma pauperis if he continues to file federal civil rights actions that are subject to dismissal for failure to state a claim on which relief may be granted under § 1915(e) or under Fed.R.Civ.P. 12(b)(6).

A separate Order follows.


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