Bradley Meredith v. Kristina Deed


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00053-JPJ Copies to all parties and the district court/agency. [999789560]. Mailed to: Meredith. [15-2395]

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Appeal: 15-2395 Doc: 14 Filed: 04/06/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2395 BRADLEY MEREDITH, Plaintiff – Appellant, v. KRISTINA DEEDS; MATTHEW MARDRES, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:15-cv-00053-JPJ) Submitted: March 31, 2016 Decided: April 6, 2016 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Bradley Meredith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-2395 Doc: 14 Filed: 04/06/2016 Pg: 2 of 2 PER CURIAM: Bradley dismissing (2012) Meredith his for appeals complaint failure the under to district 28 state U.S.C. a court’s order § 1915(e)(2)(B)(ii) claim. Pursuant to § 1915(e)(2)(B)(ii), a district “court shall dismiss [a] case at any time” if the action “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). dismissal action of an under § We review the 1915(e)(2)(B)(ii) de novo. De’Lonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003). Because Meredith’s complaint alleges violation of his constitutional rights, he presumably was attempting to bring a 42 U.S.C. § 1983 (2012) action. However, only those acting under color of state law are amenable to suit under § 1983. West v. Atkins, 487 U.S. 42, 48 (1988). See Here, Meredith has failed to allege that the defendants (the mother of his child and the mother’s current partner) were state actors or provide any other legal basis for his suit. Accordingly, dispense with contentions are we oral affirm the argument adequately district because presented in court’s the the facts order. We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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