Roger Gordon v. State Bar of California

MEMORANDUM

Roger Gordon appeals pro se from the judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly dismissed Gordon’s due process claim because he had not sought review by the California Supreme Court. See Giannini v. Comm. of Bar Examiners of State Bar of Cal., 847 F.2d 1434, 1435 (9th Cir.1988) (per curiam) (“Under California law, only the state supreme court, not the Committee of Bar Examiners, has the authority to grant or deny admission to the bar.”); see also Chaney v. State Bar of Cal., 386 F.2d 962, 966 (9th Cir.1967) (“An applicant seeking review of a decision by the Committee must file a petition for review by the California Supreme Court.”). “Until such re view is completed, an applicant has no basis for any claim of deprivation under federal law because no deprivation has taken place.” Giannini, 847 F.2d at 1435 .

The district court properly dismissed Gordon’s equal protection claim because he failed to allege that persons similarly situated suffered unequal…