|PETER E. WASKO,||
|HERBERT M. SILVERBERG||
Before HENRY, TYMKOVICH, and HOLMES, Circuit Judges.
Mr. Wasko now seeks to appeal the district court's dismissal of his action. He has moved to proceed in forma pauperis.
For substantially the same reasons set forth in the district court's order, we conclude that Mr. Wasko has failed to present a reasoned non-frivolous challenge to the district court's ruling. Mr. Silverberg was clearly not a state actor. See American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999) (liability under § 1983 requires showing that deprivation of federal right was committed under color of state law). Moreover, this action is barred by the doctrine of res judicata. Nwosun v. Gen. Mills Rests., Inc., 124 F.3d 1255, 1257 (10th Cir. 1997) (explaining that res judicata applies when: (1) the prior action has been finally adjudicated on the merits; (2) the parties are identical or in privity; (3) the suit is based on the same cause of action; and (4) the plaintiff had a full and fair opportunity to litigate the claim in the prior action).
Accordingly, we DENY Mr. Wasko's motion to proceed in forma pauperis
and DISMISS this appeal.
Robert H. Henry
United States Circuit Judge