(PC) Spearman v. B-Side Bar

Good Law
United States District Court, Eastern District of CaliforniaApril 16, 20252:25-cv-00178California1,056 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD EDWARD SPEARMAN, Case No. 2:25-cv-0178-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

B-SIDE BAR, et al., Defendants. 16 17 Plaintiff, a former prisoner, brings this action section 1983 action against the “B-Side Bar” and Laura Bruce, a bartender. ECF No. 1 at 2. His allegations do not state a cognizable section 1983 claim because neither defendant is a state actor. Additionally, plaintiff is a “three-striker” within the meaning of Title 28 U.S.C. § 1915(g). And, given that his section 1983 claim is non- cognizable, he cannot meet the imminent danger exception that would allow him to proceed in forma pauperis, as he requests, ECF No. 4. Accordingly, I recommend that this action be dismissed for failure to state a cognizable claim and his application to proceed in forma pauperis be denied. Screening Order I. Screening and Pleading Requirements 28 A federal court…

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