Negrete
Negrete v. Trustees of the California State University
Opinion
Lead Opinion
MEMORANDUM **
Jarett J. Negrete appeals pro se from the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights during a dispute over a grade he received at California State University at Los Angeles. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Gompper v. VISX, Inc., 298 F.3d 893, 895 (9th Cir.2002), and we affirm.
The district court properly dismissed Negrete’s substantive due process claim because he did not allege facts sufficient to constitute a claim that the defendants’ academic assessment of him was arbitrary. See Regents of the Univ. of Michigan v. Ewing, 474 U.S. 214, 223-25 , 106 S.Ct. 507 , 88 L.Ed.2d 523 (1985).
The district court properly dismissed Negrete’s procedural due process claim because the facts alleged established that Negrete was given the opportunity to voice his dissatisfaction about his grade before a duly authorized faculty panel that considered his concerns, and the panel’s decision was made with careful deliberation. See Board of Curators of Univ. of Mo. v. Horowitz, 435 U.S. 78, 84-91 , 98 S.Ct. 948 , 55 L.Ed.2d 124 (1978)…