Danny Ray Lewis v. Thomas Massanelli ( 2001 )


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  •                      United States Court of Appeals
                               FOR THE EIGHTH CIRCUIT
                                        ___________
    
                                        No. 01-1786
                                        ___________
    
    Danny Ray Lewis,                         *
                                             *
                 Appellant,                  *
                                             * Appeal from the United States
          v.                                 * District Court for the Eastern
                                             * District of Arkansas.
    Thomas Greg Massanelli,                  *
                                             *     [UNPUBLISHED]
                 Appellee.                   *
                                        ___________
    
                              Submitted: November 27, 2001
                                  Filed: December 3, 2001
                                       ___________
    
    Before HANSEN, FAGG, and BEAM, Circuit Judges.
                               ___________
    
    PER CURIAM.
    
          Danny Ray Lewis appeals the district court’s1 adverse grant of summary
    judgment in his 42 U.S.C. § 1983 action. He also moves this court to take judicial
    notice of various proceedings before several courts or court entities.
    
           In his complaint Lewis alleged that defendant, a Little Rock code enforcement
    officer, filed a false criminal report accusing Lewis of assaulting him after he served
    Lewis with a municipal ordinance citation. Upon de novo review, we agree with the
    
          1
           The Honorable G. Thomas Eisele, United States District Judge for the Eastern
    District of Arkansas.
    district court that Lewis did not show that defendant was acting under color of state
    law when he made his report to the police. See Roe v. Humke, 
    128 F.3d 1213
    , 1215-
    16 (8th Cir. 1997). We deny Lewis’s pending motion, noting it is unclear how
    granting it would help him. Accordingly, we affirm the judgment of the district court.
    See 8th Cir. R. 47B.
    
          A true copy.
    
                 Attest:
    
                         CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    
    
    
    
                                             -2-
    

Document Info

DocketNumber: 01-1786

Filed Date: 12/3/2001

Precedential Status: Non-Precedential

Modified Date: 10/13/2015