Hoskins, James v. TCF National Bank

U.S. Court of Appeals for the Seventh Circuit
Hoskins, James v. TCF National Bank, 248 F. App'x 742 (7th Cir. 2007)

Hoskins, James v. TCF National Bank

Opinion

ORDER

Wisconsin inmate James Hoskins sued TCF National Bank under 42 U.S.C. *743 § 1983 claiming that it paid out about $3,000 on approximately 40 fraudulent checks that were drawn on his account. The district court screened Hoskins’s amended complaint and dismissed it for failure to state a claim. See 28 U.S.C. § 1915A(a), (b)(1).

On appeal Hoskins continues to press his contention that the bank violated his constitutional rights. But, as the district court observed, Hoskins cannot proceed with his federal claim under § 1983 because his allegations against the bank describe purely private business activities. The bank is not a state actor. See Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 50, 119 S.Ct. 977, 143 L.Ed.2d 130 (1999); Gayman v. Principal Fin. Servs., Inc., 311 F.3d 851, 852-53 (7th Cir. 2002); Mitchell v. Kirk, 20 F.3d 936, 938 (8th Cir. 1994). Accordingly, the court properly dismissed Hoskins’s complaint.

The district court told Hoskins that he incurred one “strike” under 28 U.S.C. § 1915(g) for filing a complaint that fails to state a claim, and we note that he now has incurred a second “strike” for filing a frivolous appeal.

Affirmed.

Reference

Full Case Name
James HOSKINS, Plaintiff-Appellant, v. TCF NATIONAL BANK, Defendant-Appellee
Cited By
5 cases
Status
Unpublished