Curtis M. Diamond, Ii, Plaintiff-appellant, v. John Richard Long, Defendant-appellee, 48 F.3d 1231 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff-Appellant Curtis M. Diamond, III, appearing pro se, and in forma pauperis, appeals from the district court's order adopting the Report and Recommendation of the United States Magistrate Judge, over his objection, and in dismissing his 42 U.S.C.1983 complaint as frivolous and without merit.

Plaintiff, an inmate of the Oklahoma County jail, filed his 1983 complaint against defendant John Richard Long simply identifying Long as a citizen of the State of Oklahoma who was alledgedly acting under state law when he deceived and lied to the Oklahoma City Police Department resulting in the arrest of plaintiff on charges of robbery, kidnapping, extortion, burglary and auto theft. Plaintiff did not allege any facts supporting his bald allegation that defendant was a state actor.

In his objection to the magistrate judge's Report and Recommendation, plaintiff simply invoked Haines v. Kerner, 404 U.S. 519 (1972), for the rule that the courts must construe his pleadings liberally. He did not, however, in any way further identify the status of defendant as a state actor; rather, he repeated his request for an evidentiary hearing to prove that defendant committed slander and libel leading to plaintiff's false arrest and imprisonment. (R., Vol. I, Tab 7).

We affirm the order of the dismissal entered by the district court substantially for the reasons set forth in the magistrate judge's "Report and Recommendation" filed October 27, 1994. (Id., Tab 6).