Jordan

Jordan v. Logan

Good Law
32 F. App'x 958
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 01-16290; D.C. No. CV-00-00512-ECR/PHACalifornia313 words

Opinion

Lead Opinion

MEMORANDUM **

James Jacob Jordan, a resident of Nevada, appeals pro se the district court’s dismissal of his complaint without leave to amend pursuant to 28 U.S.C. § 1915 (e)(2)(B). Jordan brings claims under 42 U.S.C. § 1983 against the State of Nevada and two Nevada state employees. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we affirm.

The district court properly dismissed Jordan’s claims for damages against the state, and against the state employees in their official capacities, because these claims are barred by the Eleventh Amendment. See Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836 , 839 (9th Cir. 1997).

Further, the district court properly dismissed the claims against the state employees in their personal capacities. The amended complaint appears to allege that the employees wrongfully “evicted” Jordan from the Nevada Supreme Court Law Library for being disruptive without first giving Jordan a warning as required by library policy. Jordan does not have a property or liberty interest in access to the library, however, and failure to give him a warning does not…

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