Ruth v. Lousiana Pacific Paper Pulp Company/Mill

Background

Eber G. Ruth, identified as a California state prisoner, filed this action against Lousiana Pacific Paper Pulp Company/Mill. The court screened the complaint under 28 U.S.C. § 1915A, which requires early review of a prisoner’s complaint to identify claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also stated that Ruth’s application to proceed without paying the filing fee would be granted by a separate order.

Court’s analysis

The court concluded that Ruth had not stated a legally recognizable claim. It explained that the defendant was not a state actor, an essential requirement for a claim under 42 U.S.C. § 1983, the statute used for certain constitutional-rights claims against people acting under state authority. The court also found that Ruth had not alleged a violation of the Constitution or federal law.

The court discussed Ruth’s reference to 15 U.S.C. § 15, explaining that provision concerns a private lawsuit for violations of federal antitrust law and is not related to asbestos. It also addressed the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and stated that its citizen-suit provision is not intended for personal-injury claims. In addition, although federal courts can have jurisdiction when parties are citizens of different states and more than $75,000 is in dispute, the court found that Ruth had not adequately alleged the required elements of that jurisdiction. The court also found that he had not alleged any state-law claims.

Ruling

The court dismissed the case for failure to state a claim upon which relief may be granted. It directed the Clerk to enter judgment and close the file. The opinion does not state that the dismissal was with or without prejudice. The judge’s signature is partially obscured in the provided text, so the judge is identified here as the court.