John D. Johnson v. State of IA

1The HONORABLE HARRY F. BARNES, United States District Judge for the
Western District of Arkansas, adopting the report and recommendations of the
HONORABLE BOBBY E. SHEPHERD, United States Magistrate Judge for the
Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2533
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Thomas Waller, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Western District of Arkansas.
*
Henry Carol Morris, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 28, 2000
Filed: August 1, 2000
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Before BEAM, FAGG, and LOKEN, Circuit Judges.
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PER CURIAM.
Thomas Waller, an Arkansas inmate, appeals the district court’s1 dismissal under
28 U.S.C. § 1915(e)(2)(B)(i) and (ii) of his 42 U.S.C. § 1983 action against his court-
appointed criminal defense attorney, Henry Carol Morris. Having carefully reviewed
the record, we agree with the district court that Morris was not a state actor amenable

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to suit under section 1983. See Polk County v. Dodson, 454 U.S. 312, 325 (1981).
Accordingly, we affirm. See 8th Cir. R. 47A(a).
We deny appellant’s pending motions.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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