Opinion
No. C 01-1826 CRB (PR)
May 17, 2001
ORDER OF DISMISSAL
Plaintiff, a prisoner at Mule Creek State Prison in lone, California, has filed a pro se civil rights complaint under 42 U.S.C. § 1983 seeking damages from his court-appointed appellate attorney, Corinne S. Shulman, and Appellate Defenders, Inc. Plaintiff alleges that Shulman made numerous errors and omissions in his criminal appeal to the California Court of Appeal.
DISCUSSION
A. Standard of Review
Federal courts must engage in a preliminary screening of cases brought by prisoners. See 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint "is frivolous, malicious, or fails to state a claim upon which relief may be granted," or "seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).
B. Legal Claims
It is well-settled that court-appointed attorneys for criminal defendants do not act under color of state law, an essential element of an action under § 1983. See Polk County v. Dodson, 454 U.S. 312, 317-25 (1981); see also Szijarto v. Legeman, 466 F.2d 864, 864 (9th Cir. 1972) ("[A]n attorney, whether retained or appointed, does not act `under color of state law."). Plaintiff's allegations do not state a claim for damages under § 1983. See id.
Plaintiff may nonetheless have a state law claim; however, the court declines to exercise pendent/supplemental jurisdiction over any such state law claim because the court "has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3).
CONCLUSION
For the foregoing reasons, the complaint is DISMISSED.The Clerk shall close the file.
SO ORDERED.