Renard
Renard v. San Diego Unified Port District
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…