Odem v. Odom

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 7, 2023
• Docket: 22-10908
• Status: Unpublished

Opinion

Case: 22-10908 Document: 00516778298 Page: 1 Date Filed: 06/07/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 22-10908 June 7, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

Benny R. Odem, Jr.,

Plaintiff—Appellant,

versus

Frances M. Odom, Unit Property Officer; Kelly M. Brown, Unit Property Officer; Samantha K. Sullivan, AD Review (Investigator 2),

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:20-CV-42 ______________________________

Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam: * Benny Odem, Jr., an inmate incarcerated by the Texas Department of Criminal Justice, appeals the district court’s dismissal with prejudice of his complaint for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6).

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10908 Document: 00516778298 Page: 2 Date Filed: 06/07/2023

No. 22-10908

In his complaint, Odem alleged that three Texas Department of Criminal Justice employees deprived him of due process, confiscated or destroyed several items of his personal property, and did not properly handle his grievance regarding the confiscation of his property. As the district court determined, Texas provides an adequate post-deprivation remedy for loss of property, so Odem’s property deprivation claim, even when taken as true, fails to state a constitutional violation. Murphy v. Collins, 26 F.3d 541, 543- 44 (5th Cir. 1994). Odem also had no federally protected interest in having his grievance resolved to his satisfaction. Hill v. Walker, 718 F. Appx. 243, 250 (5th Cir. 2018) (citing Geiger v. Jowers, 404 F.3d 371, 373-374 (5th Cir. 2005). This court has carefully considered this appeal in light of the briefs and pertinent portions of the record. Having found no reversible error, we AFFIRM.