Romualdo Suarez v. Chuck Cole Wimes
996 F.2d 966
8th Cir.
1993
Check Treatment
PER CURIAM.

Romualdo Suarez appeals from the final order of the United States District Court 1 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.

Notes

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.