Olivo

MEMORANDUM **

The Clerk shall substitute Arne Duncan, Secretary of the United States Department of Education, as the proper appellee. See Fed. R.App. P. 43(c)(2).

Appellant Dominic Solis Olivo seeks review of the district court’s September 29, 2008 order dismissing with prejudice his complaint against the Secretary of the United States Department of Education (“Secretary”).

The complaint alleged, among other things, that “forced racial integration in the school place” deprived appellant of his rights protected by the First Amendment as well as his Fifth Amendment due process rights and “rights to property.” He also alleged that racial integration violates the “Universal Declaration of Human *687 Rights.” Appellant further alleged that if compelled to attend a college or university not segregated by race and compelled to be educated alongside “non-whites,” his “freedom of speech would be objectionable to non-whites in classroom question-and-answer sessions that could lead to criminal reactions.” Appellant additionally argues that he (and his future children) are entitled to segregation “for protection of racial and multi-cultural distinction,” and that he is prevented from…