Stephen Turner v. Susie Larsen

MEMORANDUM

Stephen B. Turner appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his civil rights in connection with his parole revocation hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal of an action for failure to state a claim under 28 U.S.C. § 1915 (e)(2). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Turner’s § 1983 claim because Turner failed to allege facts showing that defendants acted under color of state law. See Price v. State of Hawaii, 939 F.2d 702, 707-08 (9th Cir.1991) (private parties do not generally act under color of state law for § 1983 purposes); see also Polk County v. Dodson, 454 U.S. 312, 325 , 102 S.Ct. 445 , 70 L.Ed.2d 509 (1981) (private attorney, even if appointed and paid for by the state, is not acting under color of state law when performing a lawyer’s traditional role as counsel to a defendant).

The district court properly dismissed Turner’s § 1985(3) claim because Turner failed to allege facts showing that a discriminatory animus motivated the alleged conspiracy to…