Carole Dudley Singh v. David Harrison

BLD-080 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 10-3061
___________
CAROLE DUDLEY SINGH,
Appellant
v.
DAVID C. HARRISON, Attorney at Law
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(E.D. Pa. D.C. Civil No. 10-cv-2691)
District Judge: Honorable Eduardo C. Robreno
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
January 6, 2011
Before: SLOVITER, JORDAN and GREENAWAY, JR., Circuit Judges
(Opinion filed: 1/24/2011)
_________
OPINION
_________
PER CURIAM
Carole Dudley Singh appeals, pro se, from the District Court’s final order
dismissing her complaint pursuant to 28 U.S.C. § 1915(e). For the reasons stated below,
we will summarily affirm.
Singh filed a complaint in the United States District Court for the Eastern District
of Pennsylvania alleging that her sister and David C. Harrison, an attorney, stole $18
million from her. The District Court granted Singh’s motion to proceed in forma
pauperis and dismissed her complaint pursuant to 28 U.S.C. § 1915(e).
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We may
summarily affirm if the appeal presents no substantial question. See 3d Cir. L.A.R. 27.4;
I.O.P. 10.6.
Our review of the record reveals no error in the District Court’s analysis. The
District Court construed Singh’s complaint as seeking relief under 42 U.S.C. § 1983 and
properly dismissed the claim. A review of Singh’s Complaint and her filings before this
Court reveals no allegation giving rise to a plausible inference that Defendant David C.
Harrison, a private attorney, acted under color of state law or conspired with state actors
to deny Singh her constitutional rights. Accordingly, Singh cannot recover under § 1983.
See Great Western Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159, 175-76
(3d Cir. 2010) (holding that “[t]o prevail on a § 1983 claim, a plaintiff must allege that
the defendant acted under color of state law, in other words, that there was state action.”);
see also Reichley v. Pa. Dep’t of Agric., 427 F.3d 236, 245 (3d Cir. 2005).1 We are
satisfied that any amendment to Singh’s Complaint would have been futile, and thus the
District Court properly dismissed without leave to amend. See Grayson v. Mayview
1
In her complaint, Singh did not specify that her cause of action was brought
under § 1983. To the extent that her complaint was not filed pursuant to that
statute, the District Court lacked jurisdiction over her claim as there is no diversity
of citizenship among the parties. See 28 U.S.C. § 1332.
2
State Hosp., 293 F.3d 103, 114 (3d Cir. 2002).
As the appeal presents no substantial question, we will summarily affirm the
judgment below. See 3d Cir. L.A.R. 27.4 and 3d Cir. I.O.P. 10.6.
3