United States of America Ex Rel. Henry Arthur Foreman v. State of New Jersey

OPINION OF THE COURT PER CURIAM: Whether this be considered an appeal from a denial of a writ of habeas corpus or of a request for relief under the Civil Rights Act, 42 U.S.C.A. § 1983, we will not disturb the judgment of the district court. Treating certain informal filings of appellant as an application for a certificate of probable cause, this court denied the request by order of August 15, 1969, and limited the proceedings to one in the nature of a Civil Rights action. So construed, appellant is entitled to no relief, it being consistently held that a state is not a “person” subject to suit within the meaning of the Civil Rights Act. United States ex rel. Gittlemacker v. Philadelphia, 413 F.2d 84, 86 (3rd Cir. 1969); Fear v. Commonwealth, 413 F.2d 88 (3rd Cir.), cert. denied, 396 U.S. 935, 90 S.Ct. 278, 24 L.Ed.2d 234 (1969). The judgment of the district court will be affirmed.