John Schneck v. David Yamamoto

FILED
NOT FOR PUBLICATION AUG 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN A. SCHNECK, No. 11-15893
Plaintiff - Appellant, D.C. No. 2:10-cv-03329-MCE-
DAD
v.
DAVID E. YAMAMOTO, Chief MEMORANDUM *
Executive Officer Sutter North Medical
Foundation,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
John A. Schneck appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action arising from his termination as a patient by
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sutter North Medical Foundation. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo, Caviness v. Horizon Cmty. Learning Ctr., Inc., 590 F.3d 806,
811-12 (9th Cir. 2010), and we affirm.
The district court properly dismissed Schneck’s § 1983 action because
Schneck failed to allege facts sufficient to show that defendant was acting under
color of state law. See id. at 812, 815 (state action is a required element of a
§ 1983 claim, and mere fact that a private entity performs a function that serves the
public does not make its acts state action); Ascherman v. Presbyterian Hosp. of
Pac. Med. Ctr., Inc., 507 F.2d 1103, 1104-05 (9th Cir. 1974) (private hospital’s
receipt of public funds and tax exempt status as a charitable organization
insufficient to establish state action).
Schneck’s contentions regarding judicial bias are unpersuasive. See Taylor
v. Regents of the Univ. of Cal., 993 F.2d 710, 712 (9th Cir. 1993) (per curiam)
(adverse rulings alone are insufficient to demonstrate judicial bias).
AFFIRMED.
2 11-15893