FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LEON L. MEYERS, No. 08-16020
Plaintiff - Appellant, D.C. No. 3:07-CV-04457-THE
v.
MEMORANDUM *
JOHN H. BROOMS; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Thelton E. Henderson, Senior District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS and PAEZ, Circuit Judges.
Leon Meyers appeals pro se from the district court's dismissal of his 42
U.S.C. § 1983 action alleging that his stepfather, John Brooms, made false legal
claims of elder abuse against him, misappropriated his social security income,
unlawfully obtained a mortgage of the house which was owned by Meyers’
*
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).
deceased mother while it was still in probate, and unlawfully evicted Meyers from
the house. The district court properly dismissed Meyers’ § 1983 claims against
defendants Brooms, Alliance Title Reverse Mortgage and Brooms’ attorneys
because they did not act under color of state law. See Price v. State of Hawaii, 939
F.2d 702, 707–08 (9th Cir. 1991) (private parties do not generally act under color
of state law for § 1983 purposes); Polk County v. Dodson, 454 U.S. 312, 318 n. 7,
102 S. Ct. 445 (1981) (noting that a private attorney, even one appointed by the
court, does not act under the color of state law for purposes of 42 U.S.C. § 1983
when performing the traditional role of an attorney).
AFFIRMED.