IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50329
Summary Calendar
CHERYL JAN CARLSON
Plaintiff-Appellant,
versus
KRISTI MICANDER, P.C.,
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY,
WILLIAM TREACY, and
PAUL GAVIA
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Texas
(EP-95-CV-385)
November 25, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Plaintiff Cheryl Carlson appeals the district court’s
dismissal of defendant Kristi Micander, P.C., for lack of subject
matter jurisdiction, FED. R. CIV. P. 12(b)(1), and grant of summary
judgment for the remaining defendants.
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
The state of Texas and any of its actors acting in their
official capacity are immune from suit under § 1983. Pennhurst
State School & Hosp. v. Halderman, 465 U.S. 89 (1984). Plaintiff
failed to raise any question of material fact, and the remaining
Texas defendants (Treacy and Gavia) were entitled to judgment as a
matter of law, because plaintiff points to no constitutional or
federal law violation, even if arguendo she has shown a violation
of state law. Stern v. Tarrant Co. Hosp. Dist., 778 F.2d 1052 (5th
Cir. 1985) (en banc), cert. denied, 476 U.S. 1108 (1986). The
district court correctly granted summary judgment. FED. R. CIV. P.
56; Celotex v. Catrett, 47 U.S. 317 (1986).
Having dismissed the “Texas defendants” from the suit, the
district court lacked any basis for subject matter jurisdiciton
over defendant Kristi Micander, P.C. The district court lacked
diversity jurisdiction because Carlson and Kristi Micander, P.C.,
are both citizens of the state of New Mexico. 28 U.S.C. § 1332.
The district court lacked subject matter jurisdiction over Kristi
Micander, P.C., because the federal statute plaintiff cites, 42
U.S.C. § 1983, does not apply to private professional corporations.
28 U.S.C. § 1331. Lacking subject matter jurisdiction over any
dispute between plaintiff and Kristi Micander, P.C., the district
court correctly dismissed plaintiff’s complaint with respect to
this defendant.
AFFIRMED.
2