Unpublished Dispositionjames Douglas Brown, Plaintiff-appellant, v. Alvina Small, Defendant-appellee.james Douglas Brown, Plaintiff-appellant, v. Mack Garner, Defendant-appellee, 908 F.2d 972 (6th Cir. 1990)

ORDER

This pro se Tennessee prisoner appeals two orders by the district court dismissing two civil rights actions filed under 42 U.S.C. § 1983. He requests the appointment of counsel. These related appeals have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. The panel unanimously agrees that oral argument is not necessary. Fed. R. App. P. 34(a).

James Douglas Brown complains that defendants' conduct interfered with his right to a fair trial and resulted in an unjust conviction on drug charges. In a complaint against a police officer (Case No. 90-5173), Brown alleged that defendant gave perjured testimony concerning the validity of the consent to search form. In a complaint against his court-appointed attorney (Case No. 90-5179), Brown alleged that defendant failed to provide effective assistance of counsel.

Upon review, we conclude that the complaints were properly dismissed as frivolous. See Neitzke v. Williams, 109 S. Ct. 1827, 1831 (1989). In Case No. 90-5173, defendant is absolutely immune from suit for monetary damages. See Briscoe v. LaHue, 460 U.S. 325, 326 (1983). In Case No. 90-5179, the claims are frivolous because defendant is not a state actor for purposes of 42 U.S.C. § 1983. See Polk County v. Dodson, 454 U.S. 312, 318 (1981). Brown's requests for injunctive relief were properly denied. He has no right to placement in a particular institution. See Olim v. Wakinekona, 461 U.S. 238, 245 (1983).

Accordingly, the request for counsel is denied, and the district court's orders dismissing the complaints as frivolous are hereby affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.