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SHAVERS v. U.S.A. BASKETBALL ASSOCIATIONS

United States District Court, N.D. California


September 17, 2004.

JESSE SHAVERS, Plaintiff,
v.
U.S.A. BASKETBALL ASSOCIATIONS; U.S.A. OLYMPIC COMMITTEE, Defendants.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL

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.

DISCUSSION

  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.

  CONCLUSION

  For the foregoing reasons, the above-titled action is hereby DISMISSED for failure to state a claim upon which relief can be granted.*fn1

  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 which relief can be granted.


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