Toler v. Toler

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT

                         __________________

                             No. 95-10455
                         Conference Calendar
                          __________________


RONNIE TOLER,

                                      Plaintiff-Appellant,

versus

CARRIE TOLER,
FRENCH EARL RICHARDSON,
T.J. RICHARDSON, CORTNEY TOLER,

                                      Defendants-Appellees.



                        - - - - - - - - - -
           Appeal from the United States District Court
                for the Northern District of Texas
                       USDC No. 95-CV-00078
                        - - - - - - - - - -
                          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that this opinion should not be published.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.