Robert Saunders v. Law Offices of Elaine Van Beve
Opinion
Opinion
MEMORANDUM
Robert Saunders appeals pro se from the district court’s judgment dismissing his action under 42 U.S.C. §§ 1983 and 1985(3) alleging that defendant Elaine Van Beveren violated his constitutional rights while representing his minor children in custody proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.
The district court properly dismissed Saunders’s § 1983 claim against Van Bev-eren and her law firm because Saunders failed to allege facts showing that Van Beveren acted under color of state law. See Polk County v. Dodson, 454 U.S. 312, 325 , 102 S.Ct. 445 , 70 L.Ed.2d 509 (1981) (court-appointed defense counsel did not act under color of state law for purposes of § 1983 “when performing a lawyer’s traditional functions”); Kirtley v. Rainey, 326 F.3d 1088, 1093-96 (9th Cir.2003) (court-appointed guardian ad litem for a minor did not act under color of state law where her functions were to advocate for the child’s best interests and provide the court with independent information regarding the custody dispute).