Bordock v. Arrowhead Mall, No. 10-7045 (10th Cir. 2010)

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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS TENTH CIRCUIT August 3, 2010 Elisabeth A. Shumaker Clerk of Court LAURIE BORDOCK, Plaintiff Appellant, No. 10-7045 (D.C. No. 6:10-CV-00186-RAW) ((E.D. Okla.) v. ARROWHEAD MALL, Defendant Appellee. ORDER AND JUDGMENT* Before KELLY, McKAY, and LUCERO, Circuit Judges. Laurie Bordock appeals the district court s dismissal of her civil rights claim as frivolous under 28 U.S.C. § 1915. Exercising jurisdiction under § 1291, we affirm. Bordock filed a complaint alleging that Arrowhead Mall security violated her civil rights by removing her from the mall because she was homeless. Pursuant to its screening function under § 1915(e)(2)(B), the district court determined that her complaint was frivolous because 42 U.S.C. § 1983 the statute ostensibly giving rise to Bordock s * The case is unanimously ordered submitted without oral argument pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 32.1. claim extends only to violations committed under color of state law. See Nat l Collegiate Athletic Ass n v. Tarkanian, 488 U.S. 179, 191 (1988). Because the Arrowhead Mall is a private entity, Bordock s complaint lacked an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). On appeal, Bordock fails to advance any reasoned argument challenging the district court s reasoning. Observing no error in the district court s conclusion, we AFFIRM. Entered for the Court Carlos F. Lucero Circuit Judge -2-

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