Opinion
4:23-CV-00776-BRW
08-23-2023
HARVEY WILLIAM HUGUNIN PLAINTIFF v. MACARTHUR PROPERTIES, LLC DEFENDANT
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE
A district court has the authority to dismiss a case sua sponte for failure to state a claim. Plaintiff alleges that Defendant has not returned $1,300 of rent money. He asserts that this case involves “federal law” and that Defendant's actions violate the Fourth Amendment.
See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991).
Doc. No. 2.
Only a state actor can be liable for a Fourth Amendment violation. Plaintiff does not allege, nor does it appear, that Defendant - his landlord - is a state actor.
American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999) (holding that to state a claim under § 1983, the complaint must allege that a person acting under the color of state law deprived the plaintiff of a constitutional or statutory right).
Accordingly, this case is DISMISSED for failure to state a claim. The motion to proceed in forma pauperis (Doc. No. 1) is MOOT.
IT IS SO ORDERED.