Vasilopoulos v. Krovatin Klingman LLC
Opinion of the Court
OPINION
George Vasilopoulos appeals pro se from the District Court’s order dismissing his complaint. Because we conclude that this appeal lacks arguable merit, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B).
Vasilopoulos filed an application to proceed in forma pauperis and a complaint
The District Court granted Vasilopoulos leave to proceed in forma pauperis, then dismissed his complaint and his first amended complaint without prejudice for lack of subject matter jurisdiction. Reading the complaints broadly in accordance with Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the District Court determined that Vasilopou-los intended to bring a civil action for slander and defamation. The District Court concluded that it lacked subject matter jurisdiction, given that Vasilopoulos alleged no violation of a federal statute, and there was no diversity of citizenship.
Vasilopoulos appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291. We granted Vasilopoulos informa pauper-is status, and we now review this appeal to determine whether it should be dismissed pursuant to § 1915(e)(2)(B).
We agree that the initial complaint and the first amended complaint fail to show a basis for subject matter jurisdiction. We also agree that the second amended complaint fails to state a claim for relief under § 1983. To establish a cause of action under section 1983, a litigant must show “the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). Nothing in the second amended complaint would allow an inference that appellees acted under color of state law. See Ashcroft v. Iqbal, — U.S. -, -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). Our independent review reveals that there is no arguable basis to challenge the District Court’s ruling on appeal. Accordingly, this appeal will be dismissed.
. Vasilopoulos also filed two separate amended complaints on January 12, 2009 and January 14, 2009, respectively.
. Vasilopoulos did not file an amended notice of appeal and we thus review only the order that dismissed his complaints.
Reference
- Full Case Name
- George S. VASILOPOULOS v. KROVATIN KLINGMAN LLC Anna G. Cominsky
- Status
- Published