Smith-Lovejoy v. Eldorado Hotel & Casino et al

Filing 7

ORDER approving and adopting 3 Report and Recommendation. Motion for Leave to Proceed in forma pauperis 1 is DENIED. Plaintiff's Complaint 6 is DISMISSED WITH PREJUDICE. Plaintiff's Motions 3 and 4 are DENIED as moot. The Clerk shall enter judgment accordingly. The Clerk shall not accept any further filings in this matter. Signed by Judge Edward C. Reed, Jr on 9/25/12. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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8 ANDRE SMITH-LOVEJOY,
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Plaintiff,

10 vs.
11 ELDORADO HOTEL & CASINO; HOTEL
MANAGER,
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Defendants.
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3:12-cv-00213-ECR-WGC
Order

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On April 20, 2012, the Magistrate Judge filed a Report and
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Recommendation (#3) recommending that Plaintiff’s Motion for Leave to
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Proceed

in

forma

pauperis

(#1)

be

denied

and

that

Plaintiff’s

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Complaint (#1-1) be dismissed with prejudice.

No objections were

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filed.
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The Magistrate Judge’s Report and Recommendation is well taken
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and approved.

Plaintiff’s application indicates that he is able to

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afford the $350.00 filing fee, and, in any event, Plaintiff has
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proceeded to file the Complaint (#6). Accordingly, Plaintiff’s Motion
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to Proceed in forma pauperis (#1) must be denied.
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Furthermore, the Complaint must be dismissed with prejudice.

A

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suit brought pursuant to 42 U.S.C. § 1983 can only be brought against
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a state actor, Wood v. Ostrader, 879 F.2d 583, 587 (9th Cir. 1989),
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1 and section 1983 does not provide a cause of action for violations of
2 state law.
3 2007).

Galen v. Cty. of Los Angeles, 477 F.3d 652, 662 (9th Cir.

Defendant is not a state actor, and Plaintiff does not allege

4 a constitutional violation, but violations of state law.

We also

5 dismiss this suit with prejudice because we find that it is legally
6 frivolous,

as

was

Plaintiff’s

prior

case

that

we

dismissed

as

7 frivolous, Smith-Lovejoy v. Physician’s Mutual Insurance, 3:12-cv8 00011-ECR-VPC.
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IT IS, THEREFORE, HEREBY ORDERED that the Magistrate Judge’s

11 Report and Recommendation (#3) is well taken and is APPROVED and
12 ADOPTED.
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IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to

14 Proceed in forma pauperis (#1) is DENIED.
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IT

IS

FURTHER

ORDERED

that

Plaintiff’s

Complaint

(#6)

is

16 DISMISSED WITH PREJUDICE.
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IT IS FURTHER ORDERED that Plaintiff’s Motions (##3, 4) are

18 DENIED as moot.
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The Clerk shall enter judgment accordingly.

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The Clerk shall not accept any further filings in this matter.

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24 DATED: September 25, 2012.
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____________________________
UNITED STATES DISTRICT JUDGE

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