Vancois D'Amoun v. Gerald Villareal

MEMORANDUM

Vancois L. D’Amoun appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his state court criminal trial. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), Naffe v. Frey, 789 F.3d 1030, 1035 (9th Cir. 2015), and we affirm.

The district court properly dismissed D’Amoun’s claims against defendant Mad-dock because D’Amoun failed to allege facts sufficient to show that Maddock deprived him of a federal right. See id. at 1035-36 (“To state a claim under § 1983, a plaintiff [1] must allege the violation of a right secured by the Constitution and laws of the United States, and [2] must show that the alleged deprivation was committed by a person acting under color of state law.” (citation and internal quotation marks omitted)).

The district court properly dismissed D’Amoun’s claims against defendant Villa-real, who represented D’Amoun at his criminal trial, because D’Amoun failed to allege facts sufficient to show that Villareal was acting under color of state law. See id.; Szijarto v.…