M. Le Ann Huxall v. First State Bank, Commerce, Oklahoma, a Banking Corporation

BALDOCK, Circuit Judge.

Plaintiff-appellant M. Le Ann Huxall brought this action pursuant to 42 U.S.C. § 1983, alleging that defendant-appellee First State Bank and defendant Ottawa County 1 deprived her of property without due process of law. Upon appellee’s Fed. R.Civ.P. 12(b)(6) motion, the district court dismissed the action for failure to state a claim, and sua sponte dismissed the claim against Ottawa County. 2 Appellant presents the following issues for review: 1) whether the district court applied the proper standard in ruling on the motion to dismiss; 2) whether she was deprived of…