UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

FRANCES K. INGRAM,

Plaintiff-Appellant,

v.

MORGAN STATE UNIVERSITY; THE

BOYS' LATIN SCHOOL OF MARYLAND,

INCORPORATED; BRYN MAWR SCHOOL;

CALVERT SCHOOL; CAPITOL HILL DAY

SCHOOL, INCORPORATED; GARRISON

FOREST SCHOOL, INCORPORATED;

GLENELG COUNTY SCHOOL; GREEN

ACRES SCHOOL; GILMAN SCHOOL,

INCORPORATED; HOLTEN ARMS

SCHOOL; HOLY TRINITY EPISCOPAL

DAY SCHOOL; KEY SCHOOL,

INCORPORATED; LANDON SCHOOL,

INCORPORATED; MCDONOUGH SCHOOL;

No. 95-2314

NORWOOD SCHOOL INCORPORATED;

PARK SCHOOL OF BALTIMORE; QUEEN

ANNE SCHOOL; ROLAND PARK

COUNTY SCHOOL, INCORPORATED;

SANDY SPRING FRIENDS SCHOOL,

INCORPORATED; SHERIDAN SCHOOL;

SIDWELL FRIENDS SCHOOL; ST.

ANDREW'S EPISCOPAL SCHOOL,

INCORPORATED; ST. PAUL'S SCHOOL,

INCORPORATED; ST. PAUL'S

SCHOOL FOR GIRLS; NATIONAL

CATHEDRAL; ASSOCIATION OF

INDEPENDENT MARYLAND SCHOOLS,

INCORPORATED; BALTIMORE

EDUCATIONAL SCHOLARSHIP TRUST,

Defendants-Appellees.
Appeal from the United States District Court

for the District of Maryland, at Baltimore.

J. Frederick Motz, Chief District Judge.

(CA-95-267-JFM)

Submitted: November 14, 1995

Decided: January 16, 1996

Before HALL, WILKINSON, and HAMILTON, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Frances K. Ingram, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Mark Jason Davis, Assistant Attorney General, Baltimore, Maryland; Thomas Dennehy Washburne, Sr., OBER, KALER,

GRIMES & SHRIVER, Baltimore, Maryland, for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Appellant appeals from the district court's order dismissing her

claims for lack of standing and failure to state a claim upon which

relief may be granted. We have reviewed the record and the district

court's opinion and find no reversible error. The district court correctly determined that the Appellant lacked standing to assert a claim

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against twenty-five of the twenty-eight Defendants. As to the other

three Defendants, we find that Appellant has failed to make the requisite prima facie case for any of her claims. Her Title VII and 42

U.S.C.A. § 1981 (West 1994) claims fail to meet this standard

because Appellant has not alleged that she applied and was qualified

for a particular job or that the Defendants continued to seek applicants

of her qualifications after her rejection. 42 U.S.C.A. § 2000e-2 (West

1994); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802

(1973). Her Title VI claim fails because Appellant has not alleged that

the Defendants receive federal financial assistance for the primary

purpose of employment, or that she was the intended beneficiary of

any such assistance. 42 U.S.C. § 2000d-3 (1988); Soberal-Perez v.

Heckler, 717 F.2d 36, 38 (2d Cir. 1983). Finally, her equal protection

claim fails because the hiring decisions of private institutions do not

constitute state action. See Peterson v. City of Greenville, 373 U.S.

244, 247 (1963). Therefore, we affirm the district court's order.

In light of this disposition, Appellees' motion to strike is denied as

moot. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the Court

and argument would not aid the decisional process.*

AFFIRMED

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*We find that the failure to give Appellant proper notice under

Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), was, at most, harmless error because the error did not affect Appellant's substantial rights.

See United States v. Nyman, 649 F.2d 208, 211 (4th Cir. 1988). For the

same reason, the failure to rule on Appellant's motion for default judgment was harmless error.

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