Chalupowski v. DiGangi, (1st Cir. 2006)

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Not for Publication in West's Federal Reporter

Citation Limited Pursuant to 1st Cir. Loc. R. 32.3

United States Court of Appeals

For the First Circuit

No. 05-2349

CHESTER J. CHALUPOWSKI, JR.;

MALGORZATA B. CHALUPOWSKI,

Plaintiffs, Appellants,

v.

SHARON D. MEYERS,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

Before

 Lynch, Lipez and Howard,

Circuit Judges.

    Chester J. Chalupowski, Jr., on brief pro se and Malgorzata B.

Chalupowski on brief pro se.

    Sharon D. Meyers and Meyers & Welch on brief for appellee.

 

June 16, 2006

 

         Per Curiam. The pro se appellants appeal from the

dismissal of their complaint against an attorney, who, pursuant to

a court appointment as guardian ad litem, had acted as an advocate

for a party to certain state probate court litigation. In an order

dated August 11, 2005, the district court dismissed appellants'

complaint for lack of subject matter jurisdiction, concluding that

it presented state law claims. In the alternative, the court

assumed that the complaint set forth § 1983 claims and, to that

extent, dismissed it because the defendant had not acted under

color of state law. After careful review of the appellate record

and the appellants' contentions, we affirm, essentially for the

reasons given by the district court.

         Affirmed.

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