Minnesota inmate Otha Eric Townsend appeals the district court’s 1 order dismissing his 42 U.S.C. § 1983 action against his former state public defender. After careful de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per cu *578 riam), we agree with the district court that Townsend failed to state a claim because the public defender was not acting under color of state law when representing Townsend, see Polk Cnty. v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981).

Accordingly, we affirm. See 8th Cir. R. 47B.