Notice: Seventh Circuit Rule 53(b)(2) States Unpublished Orders Shall Not Be Cited or Used As Precedent Except to Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit.mark Benzing, Plaintiff-appellant, v. Blackhawk Board of Vocational and Adult Education, Defendant-appellee, 116 F.3d 1482 (7th Cir. 1997)
Annotate this CaseAppeal from the United States District Court for the Western District of Wisconsin, No. 96-C-587-C; Barbara B. Crabb, Judge.
POSNER, Chief Judge, EASTERBROOK and MANION, Circuit Judges.
ORDER
Mark Benzing brings this action against his employer, the Blackhawk Board of Vocational and Adult Education, claiming that it violated his rights under a variety of federal statutes and constitutional provisions by failing to provide him with the hepatitis B vaccine, and by retaliating with a false employee evaluation for asserting his rights. Benzing does not allege that the Blackhawk Board is a state actor. Like the district court, we are unable to perceive a basis for federal subject matter jurisdiction, and so we AFFIRM the district court's dismissal for lack of jurisdiction, Fed. R. Civ. P. 12(h) (3).
After an examination of the briefs and the record, we have concluded that oral argument is unnecessary; accordingly, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a); Cir.R. 34(f)
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