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Beeman v. Thayer

United States District Court, Ninth Circuit

December 5, 2013

FRED BEEMAN, Plaintiff,
v.
STEVEN THAYER. Defendant.

ORDER

RONALD B. LEIGHTON, District Judge.

The Court having reviewed the Report and Recommendation of the Hon. J. Richard Creatura, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and Order:

(1) The Court adopts the Report and Recommendation;
(2) The Court dismisses this action prior to service because defendant, a criminal defense attorney, does not act under color of state law. Further, plaintiff may not challenge his conviction through a civil rights action. This dismissal is for failure to state a claim and it counts as strike pursuant to 28 U.S.C. 1915(g).
(3) The Court revokes in forma pauperis status for purpose of appeal.

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