Patterson v. Crespo
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE re 3 MOTION for Leave to Proceed in forma pauperis filed by Andre Patterson, 4 Order,. Signed by Judge Alsup on January 3, 2012. (whalc1, COURT STAFF) (Filed on 1/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANDRE PATTERSON,
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For the Northern District of California
United States District Court
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Plaintiff,
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No. C 11-06139 WHA
v.
ORDER ADOPTING REPORT
AND RECOMMENDATION OF
MAGISTRATE JUDGE
DEEANNA CRESPO,
Defendant.
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On December 5, 2011, pro se plaintiff Andre Patterson filed this civil rights action against
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his landlord. Patterson also filed a motion to proceed in forma pauperis (Dkt. No. 3). This action
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was initially assigned to Magistrate Judge Nathanael Cousins. Patterson, however, declined to
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proceed before the Magistrate Judge and the action was transferred before the undersigned judge.
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Prior to reassignment, Judge Cousins issued a report recommending that the motion to proceed in
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forma pauperis be granted, and Patterson’s complaint be dismissed without prejudice for failure to
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state a claim upon which relief may be granted. No objections were filed. This order ADOPTS in
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full the report and recommendation of Judge Cousins.
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For the reasons stated in Judge Cousins’ report, Patterson has shown in his IFP application
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that he is unable to pay the filing fee required. Patterson’s complaint, however, fails to state a
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claim upon which relief may be granted. In his handwritten complaint, Patterson claims that
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Defendant Deeanna Crespo violated his rights under the First and Fifth Amendments of the
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United States Constitution. He alleges that after he was threatened by an “unruly” and “violent”
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co-tenant, he attempted to report the incident to Defendant Crespo, who is his landlord and “an
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advocate for Catholic charities.” Crespo allegedly told Patterson to leave her office and “banned”
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him “from services.” Patterson claims that Franklin’s actions violated his “right to a fair hearing”
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under the Fifth Amendment. The rest of the complaint contains excerpts of the First and Fifth
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Amendments.
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Patterson’s complaint fails to state a claim for relief under the First or Fifth Amendments
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because he fails to allege that Crespo was a person acting on behalf of the federal government.
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Patterson’s complaint also fails to state a claim for relief under 42 U.S.C. 1983 because Patterson
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does not allege that Crespo acted under the color of law when she purportedly violated his rights.
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For the Northern District of California
United States District Court
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For the reasons stated, Patterson’s IFP application is GRANTED and his complaint is
DISMISSED WITHOUT PREJUDICE.
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IT IS SO ORDERED.
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Dated: January 3, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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