(PC) Spearman v. La Superior
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD EDWARD SPEARMAN, Case No. 2:25-cv-0237-JDP (P) Plaintiff, v. ORDER; FINDINGS AND
RECOMMENDATIONS
LA SUPERIOR, Defendant. 16 17 Plaintiff, a former prisoner, brings this section 1983 action against the La Superior supermarket, alleging that one of its employees assaulted him. ECF No. 1 at 1. These allegations do not state a cognizable section 1983 claim because the defendant is not alleged to be 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. 5. 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.
27 28 1 Screening Order I. Screening and Pleading…