Paul J. Kelly
(D.C. No. 12-CV-01218-HE)
(W.D. Okla.)
ORDER AND JUDGMENT
Before KELLY, HOLMES, and MATHESON, Circuit Judges.
After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
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Everett Houck filed a pro se complaint against Harold Ball, Judge Dan Owens, and Priscilla Presley, the Oklahoma County Court Clerk, seeking relief under 18 U.S.C. § 242, a criminal provision concerning the deprivation of constitutional rights under color of law. R. 3-5. The district court dismissed the action for failure to state a claim on the ground that § 242 does not provide a private right of action. R. 10-11. On appeal, Mr, Houck argues that the case was dismissed prematurely. The district court was correct as there is no private right of action under § 242. See Robinson v. Overseas Military Sales Corp., 21 F.3d 502, 511 (2d Cir. 1994) (no private right of action under § 242); see also Newcomb v. Ingle, 827 F.2d 675, 676 n.1 (10th Cir. 1987) (per curiam) (no private right of action under § 241).
AFFIRMED.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge