Maurice R. Dyer v. Bert M. Rosenberg

Fifth Circuit Court of Appeals

Nov. 25, 1970.

Fifth Circuit Court of Appeals · decided 1970-11-25

Cited by 16 later decisions — most recently December 1981

16 federal appellate ·

2 counsel of record

Relies on National Labor Relations Board v. Amalgamated Clothing Workers of America · Mulligan v. Schlachter · Kregger v. Posner

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1970-11-25

View the full empirical analysis of this case →

Maurice R. Dyer, in propria persona, for petitioner-appellant.

No appearance for defendant-appellee.

Before BROWNING, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

¶1

Dyer retained Rosenberg, an attorney, to defend him in a California criminal prosecution. Dyer was convicted and appealed. He alleges that his appeal was dismissed because Rosenberg failed to file an opening brief on appeal. The District Court dismissed for want of jurisdiction, and we affirm.

¶2

Dyer rests jurisdiction on 28 U.S.C. 1343, which confers jurisdiction of actions for violation of the Civil Rights Act of 1871, 42 U.S.C. 1983. That section does not apply here. Rosenberg was not acting 'under color of' state law. Kregger v. Posner, E.D.Mich. 1966, 248 F.Supp. 804, 806. See also Mulligan v. Schlachter, 6 Cir., 1968, 389 F.2d 231, 233, where the defendant had been the plaintiff's court-appointed counsel in the state case.

¶3

Affirmed.