Oliva v. Boyer

U.S. Court of Appeals for the Fourth Circuit

Oliva v. Boyer

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-1696

ROGER R. OLIVA,

Plaintiff - Appellant,

versus

MICHELLE E. BOYER; SUPERIOR COURT OF PENNSYLVANIA,

Defendants - Appellees,

and

DAUPHIN COUNTY COURTS, PENNSYLVANIA; FAIRFAX DISTRICT OFFICE/VA DSS; NANCY HILL; NANCY CRAWFORD; DON HEPLER; ESTELLE BRYANT; CHARLES ROARK; FAIRFAX J&D R COURT; GAYLORD FINCH; FRANK SEDI; JANE DELBRIDGE; MICHAEL VALENTINE; DEBRA TOLAND; DAVID SCHELL; LINDA BOZOKY; CLARENCE MORRISON; JEANINE TURGEON; MARK SELLIKER; CHERYL BENKOVIC; DAVID A. SZEWCZAK; PATRICIA A. MCKEEVER,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-95-562-A)

Submitted: August 27, 1998 Decided: September 11, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Roger R. Oliva, Appellant Pro Se. Michelle E. Boyer, Appellee Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Roger R. Oliva appeals the district court’s order dismissing

Defendants Michelle E. Boyer and the Superior Court of Pennsylvania

in his civil action. We have reviewed the record and the district

court’s opinion and find no reversible error. While the district

court dismissed the Defendants for reasons stated from the bench,

and Oliva did not provide a transcript of the proceeding in the

record, see Fed. R. App. P. 10(b)(2), we affirm the order. Oliva

seeks review of state court proceedings regarding domestic rela-

tions orders, which is not a basis for federal jurisdiction. See

Ankenbrandt v. Richards,

504 U.S. 689

(1992). To the extent that

Oliva raises a

42 U.S.C.A. § 1983

(West 1994 & Supp. 1998) claim,

the Defendant court system is not a person as defined by

42 U.S.C.A. § 1983

, and Boyer is not a state actor. See

42 U.S.C.A. § 1983

.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED

3

Reference

Status
Unpublished