United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-2533 ___________ Thomas Waller, * * Appellant, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * Henry Carol Morris, * [UNPUBLISHED] * Appellee. * ___________ Submitted: July 28, 2000 Filed: August 1, 2000 ___________ Before BEAM, FAGG, and LOKEN, Circuit Judges. ___________ PER CURIAM.

Thomas Waller, an Arkansas inmate, appeals the district court’s1 dismissal under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) of his 42 U.S.C. § 1983 action against his court- appointed criminal defense attorney, Henry Carol Morris. Having carefully reviewed the record, we agree with the district court that Morris was not a state actor amenable

The HONORABLE HARRY F. BARNES, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the HONORABLE BOBBY E. SHEPHERD, United States Magistrate Judge for the Western District of Arkansas. to suit under section 1983. See Polk County v. Dodson, 454 U.S. 312, 325 (1981).

Accordingly, we affirm. See 8th Cir. R. 47A(a).

We deny appellant’s pending motions.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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