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Mauro v. Beil

United States Court of Appeals, Third Circuit
Jan 10, 2007
213 F. App'x 131 (3d Cir. 2007)

Summary

affirming the dismissal of a complaint where plaintiff had not plead sufficient facts that would suggest that defendants had acted under color of state law

Summary of this case from Halimi v. Pike Run Master Association

Opinion

No. 06-2065.

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) November 30, 2006.

Filed January 10, 2007.

Appeal From the United States District Court For the District of New Jersey (D.C. Civil No. 05-cv-05791) District Judge: Honorable Faith S. Hochberg.

John Mauro, Highland Park, NJ, pro de.

Anthony P. La Rocco, Kirkpatrick Lockhart Nicholson Graham, Newark, NJ, for Jean Beil, Dennis Kucmyda, Drug Susan, R. Suson Tilman-Taylor.

Before: RENDELL, SMITH and COWEN, Circuit Judges.


OPINION OF THE COURT


John Mauro appeals the dismissal of his civil rights complaint by the United States District Court for the District of New Jersey. We will dismiss the appeal pursuant to 28 U.S.C. 1915(e)(2)(B).

I.

According to Mauro's complaint, the defendant employees of Catholic Charities violated his Fourth Amendment right to be free from unreasonable searches and seizures. Mauro alleges that the defendants made him "submit to a search of his person" and "threatened to secure the termination of [his] employment" in an effort to demonstrate their superiority to Mauro. Mauro also asserts that, in doing this, the defendants "acted on a pretext that they were special prosecutors."

The defendants filed a motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). After Mauro submitted a brief in opposition and the defendants replied, the District Court granted the motion. Mauro now appeals the District Court's judgment.

II.

We have jurisdiction pursuant to 28 U.S.C. § 1291. When reviewing a District Court's order granting a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), we must accept as true all factual allegations in the complaint, and all reasonable inferences that can be drawn from them. See Ransom v. Marrazzo, 848 F.2d 398, 401 (3d Cir. 1988). In order to establish a claim under 42 U.S.C. § 1983, Mauro must show that there was (1) a violation of a federally protected constitutional or statutory right, (2) by state action or action under color of state law. See Jordan v. Fox, Rothschild, O'Brien Frankel, 20 F.3d 1250, 1264 (3d Cir. 1994). Private actors may be deemed to have acted under color of state law if their conduct is fairly attributable to the state. See Rendell-Baker v. Kohn, 457 U.S. 830, 838 (1982).

Here, the defendants are not state actors, nor did they act under color of state law. Even if true, Mauro's allegations that the defendants pretended that they were somehow affiliated with law enforcement for the state of New Jersey, does not suffice to make their conduct attributable to the state. See, e.g., Lugar v. Edmonson Oil Co., 457 U.S. 922, 937 (1982).

We agree with the District Court that Mauro can prove no set of facts in support of his claim which would entitle him to relief. Accordingly, the appeal is without legal merit and we will dismiss it pursuant to § 1915(e)(2)(B).


Summaries of

Mauro v. Beil

United States Court of Appeals, Third Circuit
Jan 10, 2007
213 F. App'x 131 (3d Cir. 2007)

affirming the dismissal of a complaint where plaintiff had not plead sufficient facts that would suggest that defendants had acted under color of state law

Summary of this case from Halimi v. Pike Run Master Association

affirming the dismissal of a complaint where plaintiff had not plead sufficient facts that would suggest that defendants had acted under color of state law

Summary of this case from Halevii v. Pike Run Master Ass'n

dismissing appeal, as district court correctly found plaintiff failed to allege how conduct of private actors, who were employees of Catholic Charities, was "fairly attributable" to state

Summary of this case from Stephens v. Home Front, Inc.
Case details for

Mauro v. Beil

Case Details

Full title:JOHN P. MAURO, Appellant v. JEAN BEIL, an individual; DENNIS KUCMYDA, an…

Court:United States Court of Appeals, Third Circuit

Date published: Jan 10, 2007

Citations

213 F. App'x 131 (3d Cir. 2007)

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