Janie Pinkney v. American Medical Response, Inc

MEMORANDUM

Janie Aline Pinkney appeals pro se from the district court’s judgment in her action alleging employment and racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1983 ,1985 and 1986. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Trerice v. Pedersen, 769 F.2d 1398, 1400 (9th Cir.1985), and summary judgment, Leong v. Potter, 347 F.3d 1117, 1123 (9th Cir.2003). We affirm.

The district court properly dismissed Pinkney’s claims under 42 U.S.C. § 1983 against defendants American Medical Response, Inc. (“AMR”), the AMR employees, Emergency Medical Services Corporation, and Service Employees International Union, Local 1107 (“Local 1107”) because Pinkney failed to allege facts sufficient to show that these defendants or their employees acted under col- or of state law. See Anderson v. Warner, 451 F.3d 1063, 1067 (9th Cir.2006) (to state a claim under § 1983, a plaintiff must allege that a person “acting under color of state law” committed the conduct at issue).

The district court properly dismissed Pinkney’s claims under 42 U.S.C. § 1983 against…