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Danny Ray LEWIS, Appellant, v. Thomas Greg MASSANELLI, Appellee

United States Court of Appeals for the Eighth Circuit2001-12-03No. No. 01-1786
22 F. App'x 671

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Opinion

majority opinion

[UNPUBLISHED]

PER CURIAM.

Danny Ray Lewis appeals the district court’s 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 district court that Lewis did not show that defendant was acting under col- or 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.

. The Honorable G. Thomas Bisele, United States District Judge for the Eastern District of Arkansas.