CLD-134 NOT PRECEDENTIAL 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

___________ 

No. 24-1431 

___________ 

JUSTIN JUAN DE LA CRUZ MARTINEZ, 

 Appellant 

v. 

CHUCK MATHEWS

____________________________________ 

On Appeal from the United States District Court 

for the Western District of Pennsylvania 

(D.C. Civil Action No. 2:23-cv-00875) 

District Judge: Honorable Robert J. Colville 

____________________________________ 

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or 

Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 

June 6, 2024 

Before: KRAUSE, FREEMAN, and SCIRICA, Circuit Judges 

(Opinion filed: June 21, 2024) 

_________ 

OPINION*

_________ 

PER CURIAM 

*

 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2 

 In a complaint removed from state court, Justin Martinez sued Chuck Mathews, a 

manager at his former employer, Unifirst, bringing claims relating to the termination of 

his employment. In seeking to proceed under 42 U.S.C. § 1983, he alleged that Mathews 

had engaged in a conspiracy to violate his civil rights and had infringed his rights under 

the First and Fourteenth Amendment. ECF No. 1-1 at 4-5. He also asserted that 

Mathews did not respect the requirement for a nondiscrimination clause in state contracts 

and had violated several provisions of Pennsylvania’s Crimes Code and a rule for 

attorneys in the Pennsylvania Rules of Professional Conduct. ECF No. 1-1 at 5. On 

Mathews’ motion, the District Court dismissed the complaint. Martinez appeals. 

 We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over a 

district court’s grant of a motion to dismiss for failure to state a claim. See St. Luke’s 

Health Network, Inc. v. Lancaster Gen. Hosp., 967 F.3d 295, 299 (3d Cir. 2020). We 

may affirm on any ground supported by the record. See Murray v. Bledsoe, 650 F.3d 

246, 247 (3d Cir. 2011) (per curiam). Upon review, we will summarily affirm the 

District Court’s ruling because no substantial issue is presented on appeal. See 3d Cir. 

L.A.R. 27.4; 3d Cir. I.O.P. 10.6. 

Martinez sought to hold Mathews liable under § 1983, but there is no allegation or 

suggestion that the manager at his former employer, a private company, acted “under 

color of state law,” which is “an essential element of a § 1983 claim.” Kach v. Hose, 589 

F.3d 626, 633 (3d Cir. 2009). And, while a private actor can act “under color of state 
3 

law” for purposes of § 1983 by participating in a conspiracy with state officials (for 

example, by acting with the help of, or in concert with, state actors), see Abbott v. 

Latshaw, 164 F.3d 141, 147-48 (3d Cir. 1998), Martinez did not plausibly plead such a 

conspiracy. See id. at 148 (describing as insufficient a complaint that “contains 

conclusory allegations of concerted action but is devoid of facts actually reflecting joint 

action”); see also Young v. Kann, 926 F.2d 1396, 1405 n.16 (3d Cir. 1991) (explaining 

that conspiracy claims may not be based “merely upon . . . suspicion and speculation” 

and also stating that general allegations of conspiracy not based on facts are conclusions 

of law that are insufficient to state a claim). 

 Martinez also alleged that Mathews committed several crimes under Pennsylvania 

state law, but the relevant statutes do not provide an explicit or implied private right of 

action for him to sue Mathews. See D’Errico v. DeFazio, 763 A.2d 424, 429 (Pa. Super. 

Ct. 2000) (“To determine whether [a criminal] statute implies a private right of action, we 

must . . . determine 1) whether [the plaintiff is] among the class for whose especial 

benefit the statute was enacted; 2) whether there is an indication of legislative intent, 

explicit or implicit, either to create such a remedy or to deny it; and 3) whether such a 

remedy is consistent with the underlying purposes of the legislative scheme to imply such 

a remedy.”); cf. Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 

190 (1994) (refusing to infer a private right of action from a “bare [federal] criminal 

statute”); cf. also Diamond v. Charles, 476 U.S. 54, 64-65 (1986) (noting that private 
4 

citizens cannot compel enforcement of criminal law). And even if Martinez could 

enforce the rule of professional conduct or the nondiscrimination clause in the 

Pennsylvania administrative code that he cites, those provisions are inapplicable to his 

employment relationship.1

 

It is not entirely clear whether Martinez also sought to pursue claims under 

Pennsylvania law for wrongful termination and/or interference with his unemployment 

benefits. But, to the extent that he did, those claims were time-barred. Martinez attached 

exhibits to his complaint to support his claims. In the exhibits, there is information about 

the date of his termination; the date that someone else at his former employer issued the 

letter that allegedly interfered with his benefits; and the date that he was told that his 

unemployment benefits would not be paid. See, e.g., ECF No. 1-1 at 25, 36. It is clear 

that those events, which triggered his claims, occurred more than two years before he 

filed his complaint in state court on May 4, 2023. ECF No. 1-1 at 2 (state court docket 

sheet) & 4 (complaint).2

 Given the timing of his filing, and the absence of a basis for 

1

 The state contracts to which he refers are defined, in relevant part, as agreements 

between the Commonwealth of Pennsylvania or a State contracting agent and a person to 

be paid by public funds or in-kind contributions from the Commonwealth. 16 Pa. Code § 

49.1. 

2

 In support of his appeal, Martinez concedes that he was terminated from his 

employment in February 2021 but argues that he timely filed suit because he “originally 

filed” his complaint on July 22, 2022, against Mathews as a “named conspirator.” 3d Cir. 

Doc. No. 10 at 7. He attached a complaint filed on July 22, 2022, as “Exhibit 1” to his 

complaint filed on May 4, 2023. ECF No. 1-1 at 13-18. But that July complaint, in 
5 

equitable tolling, the claims (to the extent he presents them) are untimely. See 42 Pa. 

Cons. Stat. § 5524; cf. Raleigh v. Westinghouse Elec. Corp., 550 A.2d 1013, 1014 (Pa. 

Super. Ct. 1988). 

 We additionally conclude that the District Court did not abuse its discretion in 

ruling that amendment would be futile. See Grayson v. Mayview State Hosp., 293 F.3d 

103, 114 (3d Cir. 2002). And, lastly, we have reviewed the record for evidence to 

support Martinez’s claims of judicial “bullying” and “bias/prejudice” in the District 

Court, see, e.g., 3d Cir. Doc. No. 10 at 4, 6, & 8, and we see none. 

 For these reasons, we will affirm the District Court’s judgment. The motion to 

transfer this case is denied. 

which Unifirst was the named defendant, is not the removed complaint against Mathews 

that underlies this appeal.