Hays

MEMORANDUM **

Robert Hays appeals from the district court’s grant of summary judgment to David Hallberg and the City of Portland on his constitutional claims under 42 U.S.C. § 1983 , and on his state law claims for elder abuse under Oregon Revised Statute § 124.110(1) and for unfair trade practices under Oregon Revised Statue § 646.605.

We review a district court’s grant of summary judgment de novo, see Far Out Productions, Inc. v. Oskar, 247 F.3d 986, 992 (9th Cir.2001), and we affirm.

We have jurisdiction to hear Hays’ appeal because the district court’s order dismissing the action is a final order appeal-able under 28 U.S.C. § 1291 . Because the parties are familiar with the facts of this case, we do not separately recount them here.

Although Hays characterizes his claim that he was denied his right to make his own decision regarding the sale of his property as a violation of his substantive due process rights, it is essentially a claim that Hallberg, acting under the color of state law, interfered with his property rights. See Andrus v. Allard, 444 U.S. 51, 66-67 , 100 S.Ct. 318 , 62 L.Ed.2d 210 (1979) (explaining that the right to sell is a “strand” in the “bundle” of…