IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION HARVEY WILLIAM HUGUNIN PLAINTIFF V. No. 4:23-CV-00776-BRW MACARTHUR PROPERTIES, LLC DEFENDANT ORDER A district court has the authority to dismiss a case sua sponte for failure to state a claim.1 Plaintiff alleges that Defendant has not returned $1,300 of rent money. He asserts that this case involves “federal law” and that Defendant’s actions violate the Fourth Amendment.2 Only a state actor can be liable for a Fourth Amendment violation.3 Plaintiff does not allege, nor does it appear, that Defendant – his landlord – is a state actor.

Accordingly, this case is DISMISSED for failure to state a claim. The motion to proceed in forma pauperis (Doc. No. 1) is MOOT. IT IS SO ORDERED this 23rd day of August, 2023.

Billy Roy Wilson UNITED STATES DISTRICT JUDGE

1See Smith v. Boyd,

(8th Cir. 1991). 2Doc. No. 2. 3American Mfrs. Mut. Ins. Co. v. Sullivan,

(1999) (holding that to state a claim under § 1983, the complaint must allege that a person acting under the color of state law deprived the plaintiff of a constitutional or statutory right).