Darden

MEMORANDUM **

Earnest A. Darden appeals pro se from the district court’s summary judgment in favor of defendants in his action alleging violations of the Cable Communications Policy Act (“the Act”), and various constitutional violations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Darden’s claims that Berkeley Community Media (“BCM”) violated the Act because Darden failed to present evidence that BCM is a cable operator within the meaning of the Act. See 47 U.S.C. § 522 .

The district court properly granted summary judgment to defendants on Darden’s constitutional claims because he failed to present evidence that BCM is a state actor, Morse v. North Coast Opportunities, Inc., 118 F.3d 1338, 1340 (9th Cir.1997), or that the alleged constitutional violation was the product of an official City of Berkeley policy or procedure, Hopper v. City of Pasco, 241 F.3d 1067, 1082 (9th Cir.2001).

*897 To the extent Darden claimed that defendants conspired to violate his constitutional rights, his claim fails because he…