Briggs, Dean v. Oliveria, Marcel

Filing 8

ORDER that plaintiff Dean Brigg's complaint is dismissed for lack ofsubject matter jurisdiction. Plaintiff's motion for request for court assistance in recruiting counsel, dkt. 3 , is denied as moot. The clerk of court is directed to enter judgment in favor of defendant and close this case. Signed by District Judge Barbara B. Crabb on 7/28/2020. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - DEAN BRIGGS,
OPINION AND ORDER
Plaintiff,
20-cv-570-bbc
v.
MARCEL S. OLIVEIRA,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Pro se plaintiff Dean Briggs, who is incarcerated at the Redgranite Correctional
Institution, has filed a civil action under 42 U.S.C. § 1983 in which he alleges that defendant
Marcel Oliveira, a private attorney appointed to represent him on appeal in his criminal case,
provided him ineffective assistance of counsel. Plaintiff also has filed a motion for court
assistance in recruiting counsel. Dkt. #3.
Plaintiff’s complaint is before the court for screening under 28 U.S.C. § 1915A, to
determine whether it is frivolous, malicious, fails to state a claim upon which relief may be
granted or seeks monetary relief from a defendant who is immune from such relief. I
conclude that plaintiff cannot proceed on his claim in federal court. Plaintiff cannot bring
a federal claim under 42 U.S.C. § 1983 against defendant because public defenders and
defense attorneys are not “state actors” for purposes of § 1983. Polk Cty. v. Dodson, 454
U.S. 312, 325 (1981); Swaggerty v. Trevarthen, 715 Fed. Appx. 556, 558 (7th Cir. 2018).
What Jefferson really seems to be bringing is a legal malpractice claim against defendant, but
that is a state-law claim that he cannot bring in federal court unless he were to show that the
requirements for the court’s diversity jurisdiction are met. Because plaintiff alleges that both
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he and defendant are Wisconsin citizens, the requirements for diversity jurisdiction are not
met in this case. 28 U.S.C. § 1332.
For these reasons, I will dismiss plaintiff’s complaint and deny his motion for request
for court assistance in recruiting counsel as moot. If plaintiff wishes to challenge Oliveira’s
representation, he must do so in state court.

ORDER
IT IS ORDERED that plaintiff Dean Brigg’s complaint is DISMISSED for lack of
subject matter jurisdiction. Plaintiff’s motion for request for court assistance in recruiting
counsel, dkt. #3, is DENIED as moot. The clerk of court is directed to enter judgment in
favor of defendant and close this case.
Entered this 28th day of July, 2020.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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