Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv—OO171-G|\/IS Document 155-2 Filed O9/O1/2006 Page 1 0f 2
EXHIBIT A

Case 1 :04-cv-00171-GIVIS Document 155-2 Filed O9/O1/2006 Page 2 of 2
·,
Slip Copy Page 1
Slip Copy, 2006 WL 2374280 (C.A.3 (Pa.))
(Cite as: Slip Copy)
l sponte dismissed on the bmis of colitcral estoppel
. 1 Briefs and Other Reiated Documents andthe lack of state action. Tauro tiled a response to
Only the Westlaw citation is currently avai1able.This the order but the District Court determined that he
l case was not selected for publication in the Federal failed to show cause why his case should not be
Reporter.NOT PRECEDENTIAL Please use FIND dismissed. Accordingly, the District Court dismissed
i t to look at the applicabie circuit court mic before the case with prejudice. Tauro timely appealed. He
Q citing this opinion. Third Circuit Local Appellate has filed a motion for appointment of counsel on
i ` Rule 28.3(a) and Internal Operating Procedure 5.3. appeal.
_ (FIND CTA3 Rule 28.0 and CTA3 IOP APP I 5.3.)
United States Court oi`Appeals,'i`l1ird Circuit. We conclude that Tauro's complaint was properly
. l John J. TAURO,Appei1ant, dismissed. We agree with the District Court that
v. Tauro's claims against the domestic reiations worker
3 · A YET UNNAMED DOMESTIC REI.,ATiONS are barred by the doctrine of collateral estoppel. As
E l WORKER KNOWN AS WORKER ID $IA'I`T; Ace to the claims relating to Ace, the District Court held
` Cash Express, A Texas Corporation. that Tauro failed to explain how this entity acted
_ _ No. 05-5483. under the color of state law. In Lugar v. Edmonton
; Oil Company, Inc., 457 U.S. 922, 941 {1982Q, the
. E Submitted for Possible Summary Action Under Third Supreme Court held that a private party's joint
Circuit L.A.R. 27.4 and I.O.P. 10.6 July 27, 2006. participation with state officials in the seizure of
· i Filed Aug. I6, 2006. disputed property is sufficient to characterize that
party as a “state actor ." However, even if Tauro can
1 l show that Ace acted under color of state law under
, X On Appeal From the United States District Court For Lugar, his claim against Ace properly would have
Q the Western District of Pennsylvania (D.C.Civ. E60. been dismissed as barred by collateral estoppel. See
E 05-HBO), District Judge: Honorable Joy Flowers Witkowski v. Welch, 173 F.3d 192, 198-99 (3d
Qmqiiti. Cir.1999). Taurds underlying claim is that his due
4 p process rights were violated when the Allegheny
Before FUENTES, VAN ANTWERPEN and County Court of Common Pleas directed the
I ’ CI-IAGARES, Circuit Judges. collection of child support arrears. This issue was
_ p adjudicated in a prior court decision. See D. Ct.
OPENION Order, 3.
Q PER comm.
*1 John Tauro appeals from the District ‘Court's For the foregoing reasons, we conclude that no
i { order, entered November 30, 2005, dismissing his substantial question is presented in this appeal. We,
E civil rights complaint. For the reasons below, we will therefore, will affirm the District Court's judgment.
· ’ summarily affnni the District Court's order. Tauro’s motion for appointment of counsel is denied.
5 1 On August 24, 2005, Tauro tiled a pro se civil rights C.A.3 (Pa),2006.
complaint pmsuant to 42 U.S.C. § 1983, against an Tauro v. A Yet Unnamed Domestic Relations
unnamed domestic relations worker in the Family Worker Known as Workerlll $1ATT
i i Division of the Allegheny County Court of Common Slip Copy, 2006 WL 2374280 (C.A.3 (1’a.))
I Pleas and Ace Cash Express, a Texas corporation
·· E licensed to conduct business in Pennsylvania. Briefs and Other Related Documents gBack to top;
_ According to Tauro, the domestic relations worker
E sent an unsigned and uudocketeci wage attachment • 0545483 {Docket) (Dec. 23, 2005)
order to Ace requesting that money be withheld from
Tauro’s paychecks because of past due chiid support. END OF DOCUMENT
; E Tauro claims he does not owe any child support. He
seeks compensatory and punitive damages. On
’ ‘ November 15, 2005, the District Court directed Tauro
to show cause why the action should not be sua
4 1 © 2006 Thomson/West. No Claim to Orig. HS. Govt. Works.
I

Case 1:04-cv-00171-GMS

Document 155-2

Filed 09/01/2006

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Case 1:04-cv-00171-GMS

Document 155-2

Filed 09/01/2006

Page 2 of 2