[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 10445 Non

- Argument Calendar

________________________ D.C. Docket No. 8:13

- cv - 01910

- VMC

- AEP

DAVID ERIC HAMMER, ANNE MARIE NEEL HAMMER, Plaintiffs

- Appellants,

versus BANK OF AMERICA, National Associatio n as successor by merger to Lasalle Bank, National Association as trustee for Wamu 2006

- AR13 as a successor by assignment from Washington Mutual Bank,
D efendant

- Appellee.

________________________ Appeal from the United States District Court for the Middle District of Florida

________________________ (January 5, 2015) Case: 14-10445 Date Filed: 01/05/2015 Page: 1 of 42 Before WILLIAM PRYOR , JORDAN and JILL PRYOR , Circuit Judges.
PER CURIAM: David and Anne Hammer appeal p ro se the dismissal with prejudice of their amended complaint against Bank of America , as the successor in interest to National Association, Lasalle Bank, and Washington Mutual Bank (collectively “Bank of America”)

. The Hammers , leaseholders in real property, complained that their civil rights were violated in the legal proceedings that resulted in the Bank obtaining a writ of possession, see 42 U.S.C. § 1983, and that the Bank was unjustly enriched in violation of state law. The district court dismis sed the Hammers’ federal claim for failure to state a claim , se e Fed. R. Civ. P

. 12(b)(6) , and declined to exercise supplemental jurisdiction over the Hammers’ claim under Florida law

. We affirm. The district court did not err by dismissing the Hammers’ amended complaint because they failed to establish th at Bank of America was a state actor. The use of the state courts by Bank of America to seize its property did not transform it into a state actor. S e e Harvey v. Harvey , 949 F.2d 1127, 1133 (11 th Cir. 1992) (“ Use of the courts by private parties does not constitute an act under color of state law. ”). When Bank of America applied for the Sheriff to execute the writ of possession, the Hammers file d affidavits that stay ed the execution. See Fla. R. Civ. P. 1.580(b). The Hammers argue that they were denied due process

Case: 14-10445 Date Filed: 01/05/2015 Page: 2 of 43 because their affidavits were struck ex parte on the motion of the bank , but the Hammers’ complaint alleged that t h e district court held a hearing on the motion
before it struck the affidavits . Although the Hammers failed to appear because they purportedly did not receive notice of the hearing, t he Hammers had already been given multiple opportunit ies to be heard on their claim to the property. T he
Hammers ’ complaint alleged that they had received noti c e of and had objected to the motion of the bank for a writ of possession ; the state court stayed the motion and ordered the bank and the Hammers to mediat e their dispute , but that mediation

was unsuccessful; and after the state court awarded a writ of possession to the bank, the Hammers appealed

. Unlike the creditor in Lugar v. Edmondson Oil Co. , 457 U.S. 922, 102 S. Ct. 2744 (1982), that attach ed property ex parte before a final judgment of foreclosure against the debt or, id

. at 924

– 25, 102 S. Ct. at 2747, or the
creditor in Davis Oil Co. v. Mills , 873 F.2d 77 4 (5th Cir. 1989), that extinguish ed a mineral lessee’s interest without notice of the seizure or sale of the property, id. at 778

– 81, Bank of America did not u nilaterally deprive the Hammers of a property right without due process

. The Hammers have abandoned any challenge they might have made to the dismissal of their c omp lai nt that Bank of America was unjustly enriched. Although

“ we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned .” Timson v. Sampson , 518 F.3d 870, 874

Case: 14-10445 Date Filed: 01/05/2015 Page: 3 of 44 (11th Cir. 2008) (internal citations omitted). T he Hammers do not contest the dismissal of their complaint for unjust enrich ment

. We AFFIRM the dismissal of the Hammers’ amended complaint. Case: 14-10445 Date Filed: 01/05/2015 Page: 4 of 4