The Third Circuit has continued to hold that § 1983 continues to be the remedy for § 1981 claims against state actors.” N’Jai v. Floyd, 386 Fed. Appx. 141; 2010 U.S. App. LEXIS 13965 (3d Cir. 2010); Ford v. SEPTA, 374 Fed. Appx, 325 (3d Cir. 2010); Sindram v. Fox, 374 Fed. Appx. 302 (3d Cir. 2010). In light of the Case 2:17-cv-02436-ER Document 3 Filed 06/26/17 Page 6 of 8 5 consistent, numerous rulings in the Third Circuit, Plaintiff’s § 1981 claim against moving-Defendant is clearly improper.

The Third Circuit has continued to hold that § 1983 continues to be the remedy for § 1981 claims against state actors.” N’Jai v. Floyd, 386 Fed. Appx. 141; 2010 U.S. App. LEXIS 13965 (3d Cir. 2010); Ford v. SEPTA, 374 Fed. Appx, 325 (3d Cir. 2010); Sindram v. Fox, 374 Fed. Appx. 302 (3d Cir. 2010). In light of the consistent, numerous rulings in the Third Circuit, Plaintiffs’ § 1981 claim against moving-Defendant is clearly improper and should be dismissed with prejudice.