Public-domain · open source
OpenJurist

96 F. App'x 5

Murray v. Perlow

U.S. Courts of Appeals

Decided May 7, 2004

U.S. Courts of Appeals · decided 2004-05-07

Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)

Relies on Miranda v. Clark County

Decided 2004-05-07

PER CURIAM.

¶1The district court’s judgment and its denial of the Fed.R.Civ.P. 60(b) motion are affirmed. Any constitutional claim against appellees is not cognizable. Cf. Miranda v. Clark County, Nevada, 319 F.3d 465, 468 (9th Cir.), cert. denied, — U.S. —, 124 S.Ct. 64, 157 L.Ed.2d 28 (2003) (assistant public defender not a state actor when performing traditional role of defense lawyer in criminal proceeding; constitutional claim against public defender not cognizable). The only potential claims here are for legal malpractice and/or breach of contract; but the federal court lacks subject matter jurisdiction over any such claims in this dispute. See 28 U.S.C. § 1332.

¶2 Affirmed.

/96/fappx/5 · .json · Public domain