Dyer v. Rosenberg, 25259.
| Decision Date | 25 November 1970 |
| Docket Number | No. 25259.,25259. |
| Citation | 434 F.2d 648 |
| Parties | Maurice R. DYER, Petitioner-Appellant, v. Bert M. ROSENBERG, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Maurice R. Dyer, in propria persona, for petitioner-appellant.
No appearance for defendant-appellee.
Before BROWNING, DUNIWAY and TRASK, Circuit Judges.
Dyer retained Rosenberg, an attorney, to defend him in a California criminal prosecution. Dyer was convicted and appealed. He alleges that his appeal was dismissed because Rosenberg failed to file an opening brief on appeal. The District Court dismissed for want of jurisdiction, and we affirm.
Dyer rests jurisdiction on 28 U.S.C. § 1343, which confers jurisdiction of actions for violation of the Civil Rights Act of 1871, 42 U.S.C. § 1983. That section does not apply here. Rosenberg was not acting "under color of" state law. Kregger v. Posner, E.D.Mich. 1966, 248 F.Supp. 804, 806. See also Mulligan v. Schlachter, 6 Cir., 1968, 389 F.2d 231, 233, where the defendant had been the plaintiff's court-appointed counsel in the state case.
Affirmed.
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Franklin v. State of Or., State Welfare Division
...state law, "the claim is not coming within the jurisdiction of the district court." 466 F.2d at 864. See also Dyer v. Rosenberg, 434 F.2d 648, 649 (9th Cir. 1970) (per curiam). Cf. Scheuer v. Rhodes, 416 U.S. 232, 238-39, 94 S.Ct. 1683, 1687-88, 40 L.Ed.2d 90 (1974) (suggesting that if the ......
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... ... Szijarto v. Legeman, 9 Cir., 1972, 466 F.2d 864; Dyer v. Rosenberg, 9 Cir., 1970, ... 434 F.2d 648. For his testimony at the § 2255 hearing, ... ...
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Prum v. Jones, 2:13-cv-2509 AC P
...defenders, who are paid by the state, do not act under color of state law for purposes of § 1983. Id., 454 U.S. at 321; Dyer v. Rosenberg, 434 F.2d 648 (9th Cir. 1970) (retained defense counsel who failed to file opening brief on appeal was not acting under color of state law). "Under Ninth......
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