1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARK ANTHONY HELLER, Case No. 23-cv-05585-WHO (PR) come 9 v. ORDER OF DISMISSAL

10 MARIN COUNTY PUBLIC DEFENDER’S OFFICE, et al., Defendants.

5 13 Plaintiff Mark Anthony Heller raises claims against his public defenders and the S 14 || Marin County Public Defender’s Office for allegedly mishandling his criminal defense. 3 15 || (Compl., Dkt. No. 1.) His

complaint containing these allegations is now a 16 || before me for review pursuant to 28 U.S.C. § 1915A(a).

17 This suit is DISMISSED because public defenders do not act under color of state 18 || law, an essential element of an action under

, when performing a lawyer’s 19 || traditional functions. Polk County v. Dodson,

(1981). Because they 20 || do not act under color of state law, a section 1983 suit against public defenders for 21 || performing lawyerly functions cannot proceed. 22 The Clerk shall enter judgment in favor of defendants and close the file. 23 IT IS SO ORDERED. 24 Dated: December 1, 2023 WoM.Qe 25 AM H. ORRI 26 United States District Judge 27 28