Scott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER DAVON SCOTT,

Case No. 24-cv-09174-RS (PR) Plaintiff, 11 v. ORDER OF DISMISSAL 12 JAMES KEVIN ALLEN, et al., 13 Defendants.

15 INTRODUCTION Plaintiff alleges his attorney James Kevin Allen, and the San Mateo County Private Defenders Office, violated his constitutional rights by mishandling his representation. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). This federal civil rights action is DISMISSED because Allen cannot be held liable under section 1983. Whether he is considered a private individual or a public defender, he is not a state actor and therefore cannot be sued under section 1983. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a…