Freeman

ORDER

Wellborn Freeman appeals from the district court’s grant of summary judgment in his suit against the Oakland Unified School District (the School District). Specifically, Freeman appeals from the district court’s finding that his claim under the California Fair Employment and Housing Act (FEHA) is barred by the Eleventh Amendment to the United States Constitution. Freeman further argues that even if the Eleventh Amendment does bar his FEHA claim, the district court should have dismissed the claim without prejudice to his reasserting it in state court.

The district court held that the Eleventh Amendment bars Freeman’s FEHA claim. We agree. The School District is a state agency for purposes of the Eleventh Amendment. See Belanger v. *847 Madera Unified Sch. Dist., 963 F.2d 248, 250 (9th Cir.1992). 28 U.S.C. § 1367 is not a congressional abrogation of state sovereign immunity. See Pennhurst State Sch. and Hosp. v. Halderman, 465 U.S. 89, 121 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (holding the Eleventh Amendment “applies ... to state law claims brought into federal court under pendent jurisdiction”). California has not waived its immunity to FEHA actions in federal court. See Fordyce…