IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10455
Conference Calendar
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RONNIE TOLER,
Plaintiff-Appellant,
versus
CARRIE TOLER,
FRENCH EARL RICHARDSON,
T.J. RICHARDSON, CORTNEY TOLER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 95-CV-00078
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August 23, 1995
Before KING, JOLLY, and WIENER, Circuit Judges.
PER CURIAM:*
"To state a claim under § 1983, a plaintiff must (1) allege
a violation of rights secured by the Constitution or laws of the
United States and (2) demonstrate that the alleged deprivation
was committed by a person acting under color of state law."
Leffall v. Dallas Indep. Sch. Dist., 28 F.3d 521, 525 (5th Cir.
1994).
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-10455
-2-
Toler failed to state a cognizable § 1983 claim, as his
complaint relates to the application of Texas state probate law,
a matter more appropriately left to the Texas state court. See
Robertson v. Robertson, 803 F.2d 136, 138 (5th Cir. 1986).
AFFIRMED.