Opinion
No. 2:12-cv-145-JMS-WGH
07-09-2012
ROBERT HATCHER, Plaintiff, v. RUTH JOHNSON, et al., Defendants.
Entry and Order Dismissing Action
I.
This civil rights action brought against public defenders representing the plaintiff in a pending appeal in the Indiana Court of Appeals is dismissed pursuant to 28 U.S.C. § 1915A(b) because the complaint fails to state a claim upon which relief can be granted. This conclusion is reached because the defendants have not acted, and do not act, under color of state law in representing the plaintiff. See Polk County v. Dodson, 454 U.S. 312, 324 (1981) (public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal case).
II.
The foregoing shows that the defendants cannot be liable to the plaintiff under 42 U.S.C. § 1983. The dismissal of the action is now mandatory. Gladney v. Pendleton Corr. Facility, 302 F.3d 773, 775 (7th Cir. 2002).
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
_________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution:
Robert Hatcher
#112855
Putnamville Correctional Facility
Inmate Mail/Parcels
1946 West U.S. Hwy 40
Greencastle, IN 46135