Romualdo Suarez, Appellant, v. Chuck Cole Wimes, Appellee, 996 F.2d 966 (8th Cir. 1993)

Romualdo Suarez appeals from the final order of the United States District Court¹  for the Western District of Missouri dismissing for lack of jurisdiction Suarez's breach of contract claim filed under 42 U.S.C. § 1983 against Chuck Cole Wimes, a private citizen. Suarez has moved for leave to proceed in forma pauperis on appeal.

In order to recover under § 1983, a plaintiff must prove that the defendant deprived him of a constitutional right under color of state law. Adickes v. S.H. Kress & Co., 398 U.S. 144, 150, 90 S. Ct. 1598, 1604, 26 L. Ed. 2d 142 (1970). Upon review of Suarez's complaint, we agree with the district court that Suarez has alleged only actions by a private citizen who was not acting under color of state law.

Thus, we deny Suarez leave to proceed in forma pauperis, and dismiss this appeal.