James Hoskins v. Tcf National Bank

*The appellee was not served with process in the district court and is not
participating in this appeal. After an examination of the appellant’s brief and the
record, we have concluded that oral argument is unnecessary. Thus, the appeal is
submitted on the appellant’s brief and the record. See Fed. R. App. P. 34(a)(2).
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted September 20, 2007*
Decided September 21, 2007
Before
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 06-4261
JAMES HOSKINS,
Plaintiff-Appellant,
v.
TCF NATIONAL BANK,
Defendant-Appellee.
Appeal from the United States
District Court for the Eastern
District of Wisconsin
No. 06 C 868
Charles N. Clevert, Jr.,
Judge.
O R D E R
Wisconsin inmate James Hoskins sued TCF National Bank under 42 U.S.C.
§ 1983 claiming that it paid out about $3,000 on approximately 40 fraudulent
checks that were drawn on his account. The district court screened Hoskins’s
amended complaint and dismissed it for failure to state a claim. See 28 U.S.C.
§ 1915A(a), (b)(1).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

-- 1 of 2 --

No. 06-4261 Page 2
On appeal Hoskins continues to press his contention that the bank violated
his constitutional rights. But, as the district court observed, Hoskins cannot
proceed with his federal claim under § 1983 because his allegations against the
bank describe purely private business activities. The bank is not a state actor. See
Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 50 (1999); Gayman v. Principal
Fin. Servs., Inc., 311 F.3d 851, 852-53 (7th Cir. 2003); Mitchell v. Kirk, 20 F.3d 936,
938 (8th Cir. 1994). Accordingly, the court properly dismissed Hoskins’s complaint.
The district court told Hoskins that he incurred one “strike” under 28 U.S.C.
§ 1915(g) for filing a complaint that fails to state a claim, and we note that he now
has incurred a second “strike” for filing a frivolous appeal.
AFFIRMED.

-- 2 of 2 --