JENSEN v. DOUGLAS, 393 Fed.Appx. 458 (9th Cir. 2010)
Kendel Vance JENSEN and Amber Jensen, Plaintiffs-Appellants, v. KelleyDOUGLAS; et al., Defendants-Appellees.
No. 09-16121.United States Court of Appeals, Ninth Circuit.Submitted August 10, 2010.[fn*]
Filed August 26, 2010.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn*] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P.34(a)(2). Accordingly, the Jensens' request for oral argument is denied.
Kendel Vance Jensen, Cottonwood, AZ, pro se.
Amber Jensen, Cottonwood, AZ, pro se.
Brent D. Harris, Esquire, Harris Winger PC, Flagstaff, AZ, pro se.
Appeal from the United States District Court for the District of Arizona, Stephen M. McNamee, District Judge, Presiding. D.C. No. 3:07-cv-08119-SMM.
Before: HAWKINS, McKEOWN, and IKUTA, Circuit Judges.
MEMORANDUM[fn**]
[fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Kendel Vance and Amber Jensen appeal pro se from the district court's judgment dismissing their 42 U.S.C. § 1983 action alleging injuries arising from child dependency proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.Peterson v. California, 604 F.3d 1166, 1169 (9th Cir. 2010). We affirm.
The district court properly dismissed the action against defendant Harris, a private attorney appointed by the court to represent Amber Jensen in the child dependency proceedings, because he did not act under color of state law. See PolkCounty v. Dodson, 454 U.S. 312, 318 n. 7, 102 S.Ct. 445,70 L.Ed.2d 509 (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).
The Jensens' remaining contentions are unpersuasive.
AFFIRMED.