Bradley Meredith v. Kristina Deed

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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