Orval W. Taylor, Plaintiff-appellant, v. Sam Houston, Defendant-appellee, 977 F.2d 596 (10th Cir. 1992)

Pro se plaintiff Orval W. Taylor appeals from the district court's dismissal of his 42 U.S.C. § 1983 cause of action against defendant-appellee Sam Houston, who served as Mr. Taylor's retained counsel in a state criminal proceeding. Mr. Taylor contends that Mr. Houston deprived him of certain constitutional rights while acting under color of state law by failing to perfect his right to appeal in the state court criminal proceeding. Mr. Taylor's complaint boils down to the assertion that Mr. Houston acted under color of state law by virtue of his status as an officer of the court; however, a private attorney does not become a state actor susceptible to a § 1983 cause of action simply because of his status as an officer of the court. Polk County v. Dodson, 454 U.S. 312, 318-19 (1981); Barnard v. Young, 720 F.2d 1188, 1189 (10th Cir. 1983). Therefore, the district court properly dismissed the complaint as legally frivolous under 28 U.S.C. § 1915(d). See Neitzke v. Williams, 490 U.S. 319, 327 (1989).

AFFIRMED.