Cleton Davis v. Hughes Reveley, Jr., No. 11-6294 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6294 CLETON DAVIS, Plaintiff Appellant, v. HUGHES KENNEDY REVELEY, JR., Public Defender, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O Grady, District Judge. (1:10-cv-01383-LO-TRJ) Submitted: July 13, 2011 Decided: July 21, 2011 Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Cleton Davis, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cleton Davis appeals the district court s order denying relief on his 42 U.S.C. § 1983 (2006) complaint alleging that his court-appointed adequately at trial. attorney failed to represent him Because a court-appointed defender does not act under color of state law when performing a lawyer s traditional functions as counsel to a defendant in a criminal proceeding, Davis former attorney cannot be sued under Section 1983. See Polk County v. Dodson, 454 U.S. 312, 317-19 (1981). Accordingly, we find no reversible error reasons stated by the district court. and affirm for the Davis v. Reveley, No. 1:10-cv-01383-LO-TRJ (E.D. Va. Feb. 7, 2011). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 2

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