Howard Zochlinski v. the Regents of the University of California

MEMORANDUM

Howard Alan Zochlinski appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from a conspiracy to slander him after he was disqualified from a graduate school program. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, and for an abuse of discretion the denial of leave to amend. Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir.2012). We affirm in part, reverse in part, and remand.

The district court properly dismissed Zoehlinski’s §§ 1981, 1983, 1985 and 1986 claims against The Regents of the University of California, and his damages claims under these provisions against the individual defendants in their official capacities, because arms of the state and their agents acting in their official capacities are not subject to suit under those provisions. See Pittman v. Oregon Employment Dep’t, 509 F.3d 1065, 1071 (9th Cir.2007); Trerice v. Pedersen, 769 F.2d 1398, 1403 (9th Cir.1985) (no § 1986 cause of action absent a valid § 1985 claim).

The district court properly dismissed Zochlinski’s §§ 1982 and 1983 conspiracy claims as…