Case: 21-20143 Document: 00516039348 Page: 1 Date Filed: 10/01/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-20143 October 1, 2021
Summary Calendar Lyle W. Cayce
Clerk
Marcus Quin Butler,
Plaintiff—Appellant,
versus
Linda Anderson,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
No. 4:21-CV-21
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Marcus Butler, Texas prisoner #42292, proceeding in forma pauperis,
filed this 42 U.S.C. § 1983 civil rights action against Linda Anderson, the
property manager at the Ferguson Unit of the Texas Department of Criminal
Justice, alleging that Anderson lost his property. We review de novo the dis-
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 21-20143 Document: 00516039348 Page: 2 Date Filed: 10/01/2021
No. 21-20143
missal of the complaint for failure to state a claim upon which relief may be
granted under 28 U.S.C. § 1915(e)(2)(B)(ii). Black v. Warren, 134 F.3d 732,
733−34 (5th Cir. 1998).
Butler alleged that his property was lost because Anderson failed to
follow the prison policy to store, tag, and safeguard it as required when he left
the Ferguson Unit. The allegations concerning the prison official’s actions
are exactly the type of random and unauthorized conduct to which the Par-
ratt/Hudson doctrine was designed to apply. See Parratt v. Taylor, 451 U.S.
527, 541−44 (1981), overruled in part on other grounds by Daniels v. Williams,
474 U.S. 327 (1986); Hudson v. Palmer, 468 U.S. 517, 533 (1984).
Under Texas law, the initial postdeprivation remedy for property loss
occasioned by prison employees is through an administrative grievance. See
Tex. Gov’t Code § 501.007. Butler has not shown that his administra-
tive remedy under section 501.007 was inadequate. The district court did not
err in dismissing the complaint for failure to state a claim. See Black, 134 F.3d
at 733−34.
The appeal is without arguable merit and is DISMISSED as frivo-
lous. See 5th Cir. R. 42.2; Howard v. King, 707 F.2d 215, 219−20 (5th Cir.
1983).
2
Butler v. Anderson
Combined Opinion