Opinion
Civil Action No. 12 1622
09-28-2012
Danny James Cohea, Plaintiff, v. United States of America et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint fails to state a claim upon which relief may be granted).
Plaintiff is a California state prisoner incarcerated in Corcoran, California. He sues the United States, former President William Jefferson Clinton, the 104th Congress, and a list of federal district and appellate judges in the Ninth Circuit under 42 U.S.C. § 1983. Since by its terms § 1983 applies only to state actors, which the named defendants are not, and a liberal reading of the complaint's allegations reveals no basis for construing the complaint against the individual defendants as brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), this case will be dismissed. A separate Order accompanies this Memorandum Opinion.
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United States District Judge