Awala v. Wachovia Corp. , 156 F. App'x 527 ( 2005 )


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  •                                                                                                                            Opinions of the United
    2005 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    12-8-2005
    Awala v. Wachovia Corp
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 05-3381
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    Recommended Citation
    "Awala v. Wachovia Corp" (2005). 2005 Decisions. Paper 135.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2005/135
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    CPS-58                                                   NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    NO. 05-3381
    GBEKE MICHAEL AWALA, et al.
    and the People of American-Nigerian-American
    Development Foundation
    v.
    WACHOVIA CORP.; BANK CHARLESTON (SC), PREDECESSOR;
    GEORGIA RAILROAD AND BANK CO. (Owned Slaves Before The Civil War)
    GBEKE MICHAEL AWALA,
    Appellant
    _______________
    On Appeal From the United States District Court
    For the Eastern District of Pennsylvania
    (D.C. Civ. No. 05-cv-02923)
    District Judge: Honorable Ronald L. Buckwalter
    _______________________________________
    Submitted Under 
    28 U.S.C. § 1915
    (e)(2)(B)
    Before: BARRY, SMITH and NYGAARD, CIRCUIT JUDGES
    November 23, 2005
    (Filed : December 8, 2005)
    _______________________
    OPINION
    _______________________
    PER CURIAM
    On June 20, 2005, Gbeke M. Awala filed a complaint under 
    42 U.S.C. § 1983
    against Wachovia Bank and its predecessors seeking monetary damages for what appears
    to be the ownership and use of African-American slaves in the nineteenth century. He
    also claims to represent other individuals and groups, but none have entered an
    appearance, and it is unclear whether the groups even exist. The District Court dismissed
    the complaint as frivolous because Awala failed to allege that the Defendants were acting
    under the color of state law and failed to establish standing to sue.
    We have jurisdiction under 
    28 U.S.C. § 1291
    . We will dismiss an appeal as
    frivolous under 
    28 U.S.C. § 1915
    (e)(2)(B)(i) when it is lacking in arguable legal merit.
    We exercise plenary review over the dismissal of a complaint under § 1915(e). Allah v.
    Seiverling, 
    229 F.3d 220
    , 223 (3d Cir. 2000). Awala’s filings are confused and
    convoluted. He appears to argue that the Defendant Banks are state actors because they
    operate as banks, a regulated industry, and trade in government bonds. Neither of these
    activities constitutes state action, either direct or delegated. See Reichley v. Penn. Dep’t
    of Agric., 
    427 F.3d 236
    , 244-45 (3d Cir. 2005); Biener v. Calio, 
    361 F.3d 206
    , 216-17 (3d
    Cir. 2004).
    We agree with the District Court that the Defendants are not state actors.
    Accordingly, the appeal will be dismissed under § 1915(e).
    2
    

Document Info

Docket Number: 05-3381

Citation Numbers: 156 F. App'x 527

Judges: Barry, Smith, Nygaard

Filed Date: 12/8/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024