Thomas E. Watson v. Lisa Clover ( 2004 )


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  •                       United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-1124
    ___________
    Thomas Edward Watson,                   *
    *
    Appellant,               * Appeal from the United States
    * District Court for the Western
    v.                                * District of Missouri.
    *
    Lisa Clover,                            * [UNPUBLISHED]
    *
    Appellee.                *
    ___________
    Submitted: July 7, 2004
    Filed: July 12, 2004
    ___________
    Before BYE, McMILLIAN, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    Thomas Watson appeals the district court’s1 order dismissing, for failure to
    state a claim, his civil action against his former state public defender. Having
    carefully reviewed the record, we conclude that dismissal was proper for the reasons
    the district court stated. See Polk County v. Dodson, 
    454 U.S. 312
    , 324-25 (1981)
    1
    The Honorable Nanette K. Laughrey, United States District Judge for the
    Western District of Missouri, adopting the report and recommendations of the
    Honorable William A. Knox, United States Magistrate Judge for the Western District
    of Missouri.
    (public defenders performing traditional functions as counsel are not state actors);
    Dace v. Mickelson, 
    816 F.2d 1277
    , 1280-81 (8th Cir. 1987) (no liberty interest in
    conditional release unless interest is created by state statute); Johnson v. Missouri Bd.
    of Prob. & Parole, 
    92 S.W.3d 107
    , 113-114 (Mo. App. 2002) (Missouri does not by
    statute create liberty interest in conditional release).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
    -2-
    2
    

Document Info

Docket Number: 04-1124

Judges: Bye, McMillian, Per Curiam, Riley

Filed Date: 7/12/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024