Micone

MEMORANDUM ***

Kenneth Micone appeals the dismissal of his 42 U.S.C. § 1983 action against the defendants-appellees. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The parties are familiar with the prior proceedings. In claims 1 and 3 of his complaint, Micone alleges that he was deprived of a property interest in his continued public employment without due process of law. “A public employer may meet its obligation to provide due process through grievance procedures established in a collective bargaining agreement, provided, of course, those procedures satisfy due process.” Armstrong v. Meyers, 964 F.2d 948, 950 (9th Cir.1992). The defendants, in their motion to dismiss, attached the collective bargaining agreement (CBA). The CBA covers Micone as an employee. Article 31 of the CBA provides for detailed, multi-level grievance procedures. Because these procedures clearly satisfy due process under Armstrong , and Micone failed to allege that he availed himself of these procedures, Micone’s complaint failed to state a due process claim under § 1983. We reject Micone’s argument that the defendants repudiated the CBA by denoting the termination order “confidential.” The…