UNITED STATES COURT OF APPEALS TENTH CIRCUIT

TERRY N. TAYLOR, Plaintiff – Appellant,

v. TULSA WELDING SCHOOL; UNIVERSITY OF TULSA HOSPITAL; WINNEBAGO COUNTY STATES ATTORNEY; ROCKFORD POLICE DEPARTMENT; MICH AEL IASPARRO, U.S. Attorney; CI TY OF ROCKFORD; DOMINIC IASPARRO, Chief Detective; DETECTIVE GRARRETT; SGT. OWEN; RICHARD MEYERS, Sheriff; DONALD GASPARINI, Sheriff; WINNEBAGO COUNTY STATES ATTORNEY OFFICE; PAUL LOGLI; R ON WHITE; KATHY ZENOFF; JUDGE PENNIMAN; GLORIA M. LIND; WINNEBAGO COUNTY CLERKS OFFICE; JOHN SAWYER, Winnebago County Coroners Office; GARY PUMILA, Winnebago Public Defender Office; RUNDY WILT; TERRY DECK, Attorney; PAUL FL YNN, Attorney; CAROL BROOK, Federa l Public Defender; TERRANCE LICHTENWALD, Psychiatrist; ROSEMARY COLLINS, Judge; JUDGE NELSON; RICHARD A. POSNER; JUDG E FRANK H. EASTERBROOK; WILLIAM WILLIE LEAVY, Federal Officer; MICHAEL HILL, a/k/a Michael Dupree; RANDY BOX; JAMES FLINT; GREG PERRY; LORI GUTH; HENDERSON SIMMON; BILL HARRIS; MONTAL WILLIAM; TERRY No. 14-5093 (D.C. No. 4:14-CV -00321-JHP-FHM) (N.D. Okla.) FILED United States Court of Appeals Tenth Circuit 

### March 17, 2015
Elisabeth A. Shumaker Clerk of Court-2- DELAMETER; JAMMIE L. BIELEFIELT; CHERYL GRIFFEN; KAREN SPICKLER, a/k/a Karen Stanfields; BOB GATSON; KIMBERLY SUE GRIFFEN; SAMMY ANDERSON; WINNEBAGO COUNTY JAIL AND SHERI FF DEPARTMENT; RULPHFIELD HUDSON; P.G. REINHARD, Defendants - Appellees.

ORDER AND JUDGMENT *

Before MATHESON , MURPHY , and PHILLIPS , Circuit Judges.

Terry N. Taylor, a federal prisoner appearing pro se, 1 appeals the district court’s dismissal of his civil rights complaint under 42 U.S.C. § 1983 and denial of his motion to direct the Federal Bureau of Prisons (BOP) to release his medical records. He also seeks reconsideration of his motion to this court to appoint counsel. Exercising jurisdiction

* After examining Appellant’s brief and the appellate record, this panel has determined unanimously that oral argument wo uld not materially assi st the determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argu ment. This order and judgment is not binding precedent, except under the doctri nes of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

1 Because Mr. Taylor is proceeding pro se , we construe his pleadings liberally. See Erickson v. Pardus , 551 U.S. 89, 94 (2007) (per curiam); see also United States v. Pinson , 584 F.3d 972, 975 (10th Cir. 2009) (“[W]e must construe [a pro se litigant’s] arguments liberally; this rule of liberal cons truction stops, however, at the point at which we begin to serve as his advocate.”).-3- under 28 U.S.C. § 1291, we affirm the dist rict court and deny his motion to appoint counsel.
I. BACKGROUND Mr. Taylor is a federal prisoner incarcerated in Jesup, Georgia. In his complaint, he alleges the following facts. In 1987, Mr. Taylor partic ipated in a jury trial in Winnebago County, Illinois. A district attorney for the Stat e of Illinois encouraged him to turn his life around, suggested he atte nd the Tulsa Welding School (TWS), and gave him the school’s information. Mr. Taylor deci ded to enroll at TWS, and as part of the admission process, underwent an eye exam at the “University of Tulsa Hospital” (UTH). 2 Mr. Taylor contends the exam caused him to lo se his vision and that the trial, the district attorney’s referral, and the ex am were part of a conspiracy to cover up a failed attempt by federal officers to kill him. 3 In addition to his complaint, Mr. Taylor filed a motion for the district court to order th e BOP to release the records fo r his eye exams from 2005 to
2008.

2 The district court determined there is no “University of Tulsa Hospital.” We assume Mr. Taylor underwent an eye exam after enrolling at TWS and will refer to the facility that conducted the ex am as “UTH.” The actual identity of the facility is immaterial to our disposition because Mr. Ta ylor acknowledges it was not a state actor for purposes of § 1983.

3 We limit our discussion to the claims pr esented on appeal. Nearly all of the events described in Mr. Taylor’s initial compla int are alleged to have occurred in Illinois; the only events alleged to have taken place in Oklahoma are Mr. Taylor’s experiences at TWS and UTH. The district court determin ed venue was inappropriate for the alleged § 1983 violations occurring outside of the Northern District of Oklahoma.-4- The district court dismissed with prejud ice Mr. Taylor’s § 1983 complaint against TWS and UTH under Fed. R. Civ. P. 12(b)( 6) for failure to state a claim upon which relief may be granted. First, the court noted the complaint failed to allege TWS or UTH acted under color of state law as required by § 1983. Second, the court determined the claim would be barred by the two-year statute of limitations for § 1983 actions brought in the State of Oklahoma. Because Mr. Taylo r’s claims against TWS and UTH were his only claims originating in the district, th e court found venue was improper for the remaining claims against multiple defendant s and dismissed them without prejudice. 4
The court also denied his motion to order the BOP to release th e records of his eye

exams. On appeal, Mr. Taylor asked this court to appoint counsel, arguing that he is legally blind and will not have adequate, effe ctive, or meaningful access to the courts unless provided with representation. We dec lined to consider the request until the case was fully briefed and we could consider his arguments on appeal. Mr. Taylor has moved for reconsideration of his motion to appo int counsel. Mr. Taylor raises four issues in this appeal: (1) whether TWS and UTH may be

4 On appeal, Mr. Taylor attempts to connect another even t to Oklahoma—which we address below—but does not otherwis e dispute the district court’s venue determination.-5- held liable for conspiracy under 42 U.S.C. § 1983 for damaging his vision, 5 (2) whether venue is proper in the Northern District of Oklahoma for his fraud claim against a psychologist who allegedly lives and works in Oklahoma, (3) whether the district court erred in denying his request to release me dical records pertaining to his eye exams, 6 and (4) whether we should appoint counsel on his behalf. Fo r the reasons below, we affirm the district court’s dismissal of Mr. Taylor’s complaint and de nial of his motion to direct the BOP to release his medical records. We deny Mr. Taylor’s motion to appoint counsel.
II. DISCUSSION
A. § 1983 Claims “The legal sufficiency of a complaint is a question of law, and a Rule 12(b)(6) dismissal is reviewed de novo.” Smith v. United States , 561 F.3d 1090, 1098 (10th Cir. 2009). A complaint will surviv e dismissal under Rule 12(b)(6) if it alleges a plausible claim for relief, which requires that “[f]actual a llegations must be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555 (2007). The allegations in the complaint for a conspiracy claim must be based on

5 Mr. Taylor also seeks review of the dist rict court’s determination that his claims are time-barred. We address this in our substantive discussion of his § 1983 claims.

6 Mr. Taylor’s motion seeks eye exam reco rds from 2005 to 2008. On appeal, he seeks eye exam records from 200 5 to 2007. Our reasoning on th is matter applies in either case.-6- “enough fact to raise a reasonable expecta tion that discovery will reveal evidence of illegal agreement.” Id. at 556. Applying these standards, we agree with the district court that Mr. Taylor has not stated a clai m upon which relief may be granted. First, Mr. Taylor’s allegations are purel y speculative. He alleges the district attorney gave him the information for the welding school , that the welding school took him for eye exams, and that th e eye exams made him legally b lind. Even vi ewed in the light most favorable to Mr. Taylor, see Smith , 561 F.3d at 1098, th e facts Mr. Taylor has presented do not credibly sugg est the district attorney, TWS, and UTH acted in concert to blind Mr. Taylor and cover up a conspiracy in Illinois. Second, Mr. Taylor has not alleged the defe ndants acted under color of state law. 42 U.S.C. § 1983. He agrees TWS and UTH are private actors. He nevertheless argues the district attorney’s involv ement in the alleged conspiracy is sufficient to make the welding school and hospital lia ble under § 1983. This ar gument is unavailing. Mr. Taylor does not allege the district attorn ey acted under color of state law when she suggested he attend the welding school. He do es not allege she gave him the information about the school pursuant to her official dutie s, instructed or otherwise compelled him to move to Tulsa and begin the welding program, or exerted any control over the events that allegedly occurred after he enrolled at the school. Furthermore, Mr. Taylor’s brief on appeal is unresponsive to the district court’ s determination that th e district attorney’s referral would not make the subsequent ac ts by the welding school or hospital state actions for the purposes of § 1983. TWS a nd UTH are not state ac tors and cannot be-7- sued under § 1983. Finally, Mr. Taylor’s claim is barred by the statute of limitations. We have determined that Oklahoma law sets the statute of limitations for § 1983 claims at two
years. Beck v. City of Muskogee Police Dep’t , 195 F.3d 553, 557 (10th Cir. 1999); Okla. Stat. Ann. tit. 12, § 95(3). As the district court noted, the statute of limitations for Mr. Taylor’s claim expired in 1990, nearly 25 years ago. Mr. Taylor is not entitled to equitable tolling; neither his time in pris on nor the 90 days he alleges he was institutionalized have preven ted him from filing numerous other lawsuits against the defendants named in his complain t, and they do not justify his failure to file his complaint with the district court here until 2014.
B. Venue for Fraud Claim Mr. Taylor argues on appeal the district court also should have considered his fraud claim against Jammie L. Bielefielt, 7 who allegedly lives and works in Oklahoma and concealed her identity and position as the chief psycholo gist of the BOP to defraud Mr. Taylor into marriage in 1994. The district court correctly deemed venue improper for this cl aim. Mr. Taylor’s initial complaint states that he and Ms. Bielef ielt married in Illinois. The complaint gives no indication she lived or worked in Oklahoma at that time or that venue in the Northern

7 Ms. Bielefielt’s name is spelled differe ntly throughout Mr. Taylor’s filings; we spell her name as it appears on the caption.-8- District of Oklahoma would be proper for any reason. In su bsequent filings, Mr. Taylor suggests Ms. Bielefielt may cu rrently work for the BOP in Oklahoma City and El Reno. But Mr. Taylor’s claim against Ms. Bielefielt arose from an allegedly fraudulent marriage performed in Illinois, and not from conduct in Oklahoma. And even if Ms. Bielefielt currently lives in Oklahoma City or El Reno, both cities are in the Western District of Oklahoma, making venue in the Northe rn District of Oklahoma improper. 8 See 28 U.S.C. § 1391(b).
C. Motion to Release Medical Records On appeal, Mr. Taylor asserts the distri ct court should have ordered the BOP to release his medical records from 2005 to 2007 because they would assist him in proving his claims. 9 The district court determined thes e records would not assist with Mr. Taylor’s case because his claims are barred by the statute of limitations. We agree and affirm the district court’s denial of his motion.
D. Motion to Appoint Counsel Mr. Taylor finally seeks reconsidera tion of his motion to this court for appointment of counsel. Wh en determining whether to ap point counsel, we consider

8 Even if we had venue, we would conclude Mr. Tayl or has not stated a claim upon which relief may be granted. He has not alleged facts that make his claim plausible and has not demonstrated why his claim is not time-barred when the marriage occurred in 1994.

9 Mr. Taylor does not explain why he considers the district court’s analysis faulty.-9- “‘the merits of the litigant’s claims, the nature of the factual issues raised in the claims, the litigant’s ability to present his claims, and th e complexity of the le gal issues raised by the claims.’” Rucks v. Boergermann , 57 F.3d 978, 979 (10th Cir. 1995) (quoting Williams v. Meese , 926 F.2d 994, 996 (10th Cir. 1991)). For the reasons detailed above, Mr. Taylor’s claims lack merit, and appointin g counsel at this stage would not compel a different result. We decline to appoint counsel in this matter.
III. CONCLUSION For the reasons detailed above, we affirm the district court’s dismissal of Mr. Taylor’s § 1983 claim and denial of his moti on to direct the BOP to release his medical records. We deny his mo tion to appoint counsel.
ENTERED FOR THE COURT

Scott M. Matheson, Jr. Circuit Judge