Renard

Renard v. San Diego Unified Port District

Good Law
328 F. App'x 575
United States Court of Appeals for the Ninth CircuitJuly 8, 2009No. 08-55412California351 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Renard appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Outdoor Media Group, Inc. v. City of Beaumont, 506 F.3d 895, 899 (9th Cir.2007), and we affirm.

The district court properly dismissed Renard’s procedural due process claim because Renard failed to show he had a state-created right to free long-term anchorage in San Diego Bay. See id. at 902-OS (“[Property interests giving rise to a due process claim ... are created and their dimensions are defined by existing rules or understandings that stem from state law.”) (quotation marks, citations, and ellipses omitted); see also Graf v. San Diego Unified Port Dist., 7 Cal.App.4th 1224, 1232 , 9 Cal.Rptr.2d 530 (1992) (“Boaters do not have a constitutional right to unregulated long-term anchorage in public navigable waters.”).

The district court properly dismissed Renard’s substantive due process claim because his asserted right to free long-term anchoring in a public body of water is not a right that can be considered “so rooted in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.