1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BRIAN SANGSTER, Case No.: 2:20-cv-00057-APG-EJY

4 Plaintiff Order Accepting Report and Recommendation and Dismissing Case 5 v. [ECF Nos. 3, 5, 8, 9, 10, 13, 14] 6 CLARK COUNTY PUBLIC DEFENDER, et al., 7 Defendants 8

9 Plaintiff Brian Sangster asserts claims under

against defendants Clark 10 County Pubic Defender’s Office, Darin Imlay, and Alexander Henry. Magistrate Judge Youchah 11 recommended that I dismiss this case with prejudice because the defendants are defense 12 attorneys who represented Sangster in criminal proceedings and thus are not state actors. 13 Sangster objects, arguing that because the defendants are funded by the State, they are state 14 actors. 15 A “public defender does not act under color of state law when performing a lawyer’s 16 traditional functions as counsel to a defendant in a criminal proceeding.” Polk Cty. v. Dodson, 17

(1981). Sangster alleges the defendants represented him in two criminal 18 cases. He alleges they failed to promptly respond to his request to turn over documents, such as 19 discovery and a presentence investigation report. The defendants thus were performing the role 20 of attorney for Sangster and communication with the client is a traditional function within that 21 role. The defendants therefore are not state actors under these allegations. Consequently, I 22 accept Judge Youchah’s report and recommendation and dismiss this case with prejudice 23 because amendment would be futile. 1 I THEREFORE ORDER that Judge Youchah’s report and recommendation (ECF No. 21110) is accepted, and plaintiff Brian Sangster’s complaint (ECF No. 1-1) is DISMISSED with 3|| prejudice. 4 I FURTHER ORDER that all pending motions are denied as moot and the clerk of court instructed to close this case. 6 DATED this 31st day of March, 2020. 7 8 Co ——— 9 UNITED STATES DISTRICT JUDGE

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