The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
Plaintiff, a California prisoner at Pelican Bay State Prison
("PBSP"), filed this pro se civil rights complaint pursuant to
42 U.S.C. § 1983. By separate order, he has been granted leave to
proceed in forma pauperis.
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 governmental entity. See
28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable
claims and dismiss any claims that are frivolous, malicious, fail
to state a claim upon which relief may be granted or seek
monetary relief from a defendant who is immune from such relief.
See id. § 1915A(b)(1), (2). Pro se pleadings, however, must
be liberally construed. See Balistreri v. Pacifica Police
Dep't, 901 F.2d 696, 699 (9th Cir. 1988).
Plaintiff sues two entities that allegedly are responsible for
selecting the members of the basketball team representing the
United States at the Olympics. Plaintiff claims that by failing
to select Carmelo Anthony for the team, defendants "changed the
way" plaintiff views the United States Olympic basketball team. To state a claim under
42 U.S.C. § 1983, a plaintiff must allege two essential elements:
(1) that a right secured by the Constitution or laws of the
United States was violated, and (2) that the alleged violation
was committed by a person acting under the color of state law.
See West v. Atkins, 487 U.S. 42, 48 (1988). Plaintiff cites
no authority, and the Court is aware of none, extending
constitutional or other legal protection to a member of the
public's concurrence in the composition of the United States
Olympic basketball team. As plaintiff has failed to allege the
violation of any Constitutional right or other federal law, his
complaint does not state a cognizable claim for relief under
42 U.S.C. § 1983.
For the foregoing reasons, the above-titled action is hereby
DISMISSED for failure to state a claim upon which relief can be
Any pending motions are terminated.
The Clerk shall close the file.
IT IS SO ORDERED. JUDGMENT IN A CIVIL CASE
 Jury Verdict. This action came before the Court for a
trial by jury. The issues have been tried and the jury has
rendered its verdict.
[X] Decision by Court. This action came to trial or hearing
before the Court. The issues have been tried or heard and a
decision has been rendered.
IT IS ORDERED AND ADJUDGED the above-titled action is hereby
DISMISSED for failure to state a claim upon ...