Freeman vs. Moore, (5th Cir. 1999)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-10443 Conference Calendar LESTER WARNELL FREEMAN, Plaintiff-Appellant, versus TERRI MOORE, Lawyer, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:99-CV-546-D October 20, 1999 Before JONES, WIENER, and STEWART, Circuit Judges.
PER CURIAM: * Lester Freeman (Texas prisoner #751150) appeals the district court§ 1983 civil rights action as frivolous. In connection with his appeal, Freeman has filed a motion requesting the appointment of counsel and a motion requesting the production of a transcript of a hearing conducted before a grievance committee of the State Bar of Texas.
FreemanÂ’s motions are DENIED.
As the basis for his § 1983 suit, Freeman states that he was denied the effective assistance of counsel when his courtappointed attorney, Terri Moore, failed to file an appellate brief on his behalf during his direct criminal appeal. Freeman§ 1983 suit lacks an arguable basis in law because Moore was not acting under color of state law for purposes of § 1983 liability.
See Polk County v. Dodson , 454 U.S. 312, 325 (1981); Mills v. Criminal Dist.
Court No. 3 , 837 F.2d 677, 679 (5th Cir. 1988).
The district court did not abuse its discretion in dismissing his complaint as frivolous. See Siglar v. Hightower ,
MOTIONS DENIED; APPEAL DISMISSED; § 1915(g) WARNING ISSUED.
No. 99-10443
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This document cites
- U.S. Supreme Court - Polk County v. Dodson, 454 U.S. 312 (1981)
- U.S. Court of Appeals for the Fifth Circuit - Valentino B. Adepegba, Plaintiff-Appellant, v. Billy G. Hammons, Individually and in His Official Capacity as Special Agent Assigned To F C I Oakdale; John L. Nixon, Individually and in His Official Capacity as Acting Supervisory Special Agent At F C I Oakdale, Defendants-Appellees., 103 F.3d 383 (5th Cir. 1996)
- U.S. Court of Appeals for the Fifth Circuit - Fred Douglas Mills, Plaintiff-Appellant, v. Criminal District Court # 3, Hon. Gary Stephens, and Lee Ann Breading, District Attorney, Defendants-Appellees. No. 87-1795. Summary Calendar., 837 F.2d 677 (5th Cir. 1988)
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