Arthur Radcliff v. Bruce G. Landau University of West Los Angeles Perry M. Polski Henry Blunt, Jr. Lanny Wong

In an opinion filed August 31, 1989, 883 F.2d 1481 , we reversed the district court’s judgment dismissing the action. We remanded the case for further proceedings, holding that on the basis of the record before us, plaintiff may be able to state a claim under Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. dealing with discrimination in federally assisted programs. We remanded to permit plaintiff to amend the complaint. The appellees did not seek rehearing.

The district court, however, in a written communication to the Clerk of this Court dated September 6, 1989, advised that the appellant had been given an opportunity to amend its complaint prior to taking this appeal. It is unclear from the district court’s letter whether it intends to permit the appellant further opportunity to amend. A copy of that letter, without the attachments from the district court record, is attached to this order.

Upon this court’s careful review of the record, including the materials submitted to us by the district court, we conclude that the appellant has not yet been given the opportunity to amend the complaint to state a claim under Title VI. The opportunity the appellant was…