Cleton Davis v. Hughes Reveley, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6294
CLETON DAVIS,
Plaintiff – Appellant,
v.
HUGHES KENNEDY REVELEY, JR., Public Defender,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:10-cv-01383-LO-TRJ)
Submitted: July 13, 2011 Decided: July 21, 2011
Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cleton Davis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cleton Davis appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2006) complaint alleging
that his court-appointed attorney failed to represent him
adequately at trial. Because a court-appointed defender “does
not act under color of state law when performing a lawyer’s
traditional functions as counsel to a defendant in a criminal
proceeding,” Davis’ former attorney cannot be sued under Section
1983. See Polk County v. Dodson, 454 U.S. 312, 317-19 (1981).
Accordingly, we find no reversible error and affirm for the
reasons stated by the district court. Davis v. Reveley, No.
1:10-cv-01383-LO-TRJ (E.D. Va. Feb. 7, 2011). We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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