Michael W. Ryan v. Harold W. Clarke

03-3642Court of Appeals for the Eighth CircuitOct 29, 2004

Full text

1The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of the
Honorable Beverly Stites Jones, United States Magistrate Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-1662
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Kelly Ann Vanfossen, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Jay Saxton, Deputy Public Defender; * Western District of Arkansas.
Lisa Evans, Deputy Public Defender; *
Public Defender’s Office, * [Unpublished]
*
Appellees. *
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Submitted: September 24, 2004
Filed: October 5, 2004
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Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Kelly Ann Vanfossen appeals the district court’s1 dismissal of her 42 U.S.C.
§ 1983 claims against two state public defenders and the public defender’s office.
Vanfossen alleged that her public defenders had not effectively represented her

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during state criminal proceedings. The district court dismissed Vanfossen’s
complaint after determining that her public defenders had not acted under color of
state law. Having carefully reviewed the record and the applicable legal authority,
we find no error in the district court’s disposition of this matter. Accordingly, the
judgment of the district court is affirmed. See 8th Cir. R. 47B.
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