Effgen

Effgen v. United States

Good Law
31 F. App'x 437
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002No. 01-35441; D.C. No. CV-00-00346-A-JKSCalifornia331 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Effgen appeals pro se the district court’s order dismissing his action *438 for failure to state a claim and denying as moot Effgen’s motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, after de novo review, Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), we affirm.

Effgen alleged that he was unlawfully denied temporary employment with the Census Bureau because he refused to complete a Form 1-9, the Employment Eligibility Verification Form, when he applied for the position. The district court correctly dismissed Effgen’s Fourth Amendment claim because Effgen did not allege that he was subjected to either a “search” or a “seizure.” See United States v. Jacobsen, 466 U.S. 109, 113 , 104 S.Ct. 1652 , 80 L.Ed.2d 85 (1984). The district court properly dismissed Effgen’s Fifth Amendment claim because none of the defendants violated his property or liberty interests when the Census Bureau declined to hire him. See Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (property interest); Roth v. Veteran’s Admin., 856 F.2d 1401 , 1410-11 (9th Cir.1988) (liberty…

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