Kurt Davis v. Warren Blount ( 2003 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-2581
    ___________
    Kurt Robert Davis,                     *
    *
    Appellant,                  *
    * Appeal from the United States
    v.                                * District Court for the
    * Western District of Arkansas.
    Warren Darrel Blount, Public Defender, *    [UNPUBLISHED]
    *
    Appellee.                   *
    ___________
    Submitted: August 19, 2003
    Filed: August 25, 2003
    ___________
    Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
    ___________
    PER CURIAM.
    Arkansas inmate Kurt Robert Davis appeals the district court’s1 preservice
    dismissal of his 
    42 U.S.C. § 1983
     action. Upon de novo review, see Moore v. Sims,
    
    200 F.3d 1170
    , 1171 (8th Cir. 2000) (per curiam), we conclude that the district court
    properly dismissed the complaint because Davis’s public defender was not a
    1
    The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
    for the Western District of Arkansas, adopting the report and recommendations of the
    Honorable Bobby E. Shepherd, United States Magistrate Judge for the Western
    District of Arkansas.
    government actor, see Polk County v. Dodson, 
    454 U.S. 312
    , 325 (1981); Eling v.
    Jones, 
    797 F.2d 697
    , 698-99 (8th Cir. 1986), cert. denied, 
    480 U.S. 917
     (1987).
    Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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