Patterson v. Crespo

Filing 9

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ANDRE PATTERSON, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 14 15 No. C 11-06139 WHA v. ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE DEEANNA CRESPO, Defendant. / 16 On December 5, 2011, pro se plaintiff Andre Patterson filed this civil rights action against 17 his landlord. Patterson also filed a motion to proceed in forma pauperis (Dkt. No. 3). This action 18 was initially assigned to Magistrate Judge Nathanael Cousins. Patterson, however, declined to 19 proceed before the Magistrate Judge and the action was transferred before the undersigned judge. 20 Prior to reassignment, Judge Cousins issued a report recommending that the motion to proceed in 21 forma pauperis be granted, and Patterson’s complaint be dismissed without prejudice for failure to 22 state a claim upon which relief may be granted. No objections were filed. This order ADOPTS in 23 full the report and recommendation of Judge Cousins. 24 For the reasons stated in Judge Cousins’ report, Patterson has shown in his IFP application 25 that he is unable to pay the filing fee required. Patterson’s complaint, however, fails to state a 26 claim upon which relief may be granted. In his handwritten complaint, Patterson claims that 27 Defendant Deeanna Crespo violated his rights under the First and Fifth Amendments of the 28 United States Constitution. He alleges that after he was threatened by an “unruly” and “violent” 1 co-tenant, he attempted to report the incident to Defendant Crespo, who is his landlord and “an 2 advocate for Catholic charities.” Crespo allegedly told Patterson to leave her office and “banned” 3 him “from services.” Patterson claims that Franklin’s actions violated his “right to a fair hearing” 4 under the Fifth Amendment. The rest of the complaint contains excerpts of the First and Fifth 5 Amendments. 6 Patterson’s complaint fails to state a claim for relief under the First or Fifth Amendments 7 because he fails to allege that Crespo was a person acting on behalf of the federal government. 8 Patterson’s complaint also fails to state a claim for relief under 42 U.S.C. 1983 because Patterson 9 does not allege that Crespo acted under the color of law when she purportedly violated his rights. 11 For the Northern District of California United States District Court 10 For the reasons stated, Patterson’s IFP application is GRANTED and his complaint is DISMISSED WITHOUT PREJUDICE. 12 13 IT IS SO ORDERED. 14 15 Dated: January 3, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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