HOLMGEIR BRYNJOLFSSON V. STATE AGENCY LOS ANGELES UNIFI, No. 12-55648 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 29 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HOLMGEIR BRYNJOLFSSON, Plaintiff - Appellant, No. 12-55648 D.C. No. 2:11-cv-06775-CASFFM v. STATE AGENCY LOS ANGELES UNIFIED SCHOOL DISTRICT, MEMORANDUM* Defendant - Appellee. Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Holmgeir Brynjolfsson appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action against the Los Angeles Unified School District ( LAUSD ) alleging Fourteenth Amendment due process violations. We * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of Eleventh Amendment immunity, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), and we affirm. The district court properly dismissed Brynjolffson s action against LAUSD on the basis of Eleventh Amendment immunity. See Belanger v. Madera Unified Sch. Dist., 963 F.2d 248, 251-54 (9th Cir. 1992) (a school district is a state agency for the purposes of the Eleventh Amendment); see also Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984) (Eleventh Amendment immunity applies to states and their agencies or departments regardless of the nature of the relief sought ). AFFIRMED. 2 12-55648

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