# Ashanti v. R.J. Reynolds Tobacco Corp.

> Court of Appeals for the Ninth Circuit · January 24, 2001 · 2 F. App'x 778

URL: https://www.frixlaw.com/law-library/cases/7022506

## Case

- **Full name:** Askia S. ASHANTI v. R.J. REYNOLDS TOBACCO CORPORATION Philip Morris Brown and Williamson Tobacco Corporation American Tobacco Company
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 24, 2001
- **Citations:** 2 F. App'x 778
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7022506

## Opinion text

MEMORANDUM 2
Askia S. Ashanti, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915A as frivolous. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a dismissal of a complaint as frivolous, see James v. *779 Madison St. Jail, 122 F.3d 27 , 27 n. 1 (9th Cir.1997) (per curiam), and we affirm.
Ashanti contends that his allegation of the existence of a contract between the defendant tobacco companies and the prison for the sale of cigarettes renders the defendants state actors. This contention lacks merit. The fact that a private firm receives revenues from the government does not by itself provide a basis for holding that the firm is a state actor. See Vincent v. Trend W. Technical Corp., 828 F.2d 563, 567-68 (9th Cir.1987).
AFFIRMED.
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7022506. Public record. Not legal advice.