Elliott v. Roselin

Filing 9

ORDER by Judge Edward M. Chen Granting 2 Plaintiff's Application to Proceed In Forma Pauperis; and Adopting Report and Recommendation as to 6 . (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 10/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VANCE S. ELLIOT,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-14-4026 EMC

DANIELLE ROSELIN,

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Defendant.
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ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS; AND ADOPTING
REPORT AND RECOMMENDATION
(Docket Nos. 2, 6)

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Currently pending before the Court is Plaintiff Vance S. Elliot’s application to proceed in

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forma pauperis and Judge Westmore’s Report and Recommendation (“R&R”), which recommends

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that Mr. Elliot’s claims be dismissed without leave to amend. Docket No. 6. On September 23,

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2014, Mr. Elliot filed a declaration which this Court construes as an objection to the R&R. Docket

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No. 8.

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Having considered the papers submitted, the Report and Recommendation, and all other

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evidence of record, the Court hereby GRANTS the application to proceed in forma pauperis, but

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DISMISSES the Plaintiff’s claims without leave to amend. This Court agrees with Judge Westmore

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that Mr. Elliot’s complaint of slander against an employee of the Department of Veteran Affairs,

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premised on that employee’s description of Mr. Elliot as having a history of schizophrenia, is not

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legally cognizable because the United States has not waived its sovereign immunity with respect to

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claims for slander. See 28 U.S.C. 2680(h).

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This order disposes of Docket Nos. 2 and 6.

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IT IS SO ORDERED.

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Dated: October 10, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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