127 F. 3d 1104 - Eguizabal v. University McCormick

MEMORANDUM*

Mercedes I. Eguizabal appeals pro se the district court's judgments in favor of defendants in her action under 42 U.S.C. § 1983 alleging that the University of Washington ("University") and its officials violated her civil rights in dismissing her from the University. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

Eguizabal's contention that the district court erred by granting defendants' cross motion for summary judgment lacks merit. After de novo review of the record, see Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), we conclude that Eguizabal failed to show a genuine dispute existed as to whether she had been denied procedural due process. See Board of Curators of the U. of Mo. v. Horowitz, 435 U.S. 78, 85 (1978). The University's Student Code of Conduct provided Eguizabal with advance notice that the sanction for providing inaccurate documents to the university could include dismissal. Moreover, the University's action was not arbitrary or capricious in light of Eguizabal's admission that she had forged the signature on her "official" transcript in order to make that document appear more credible. See Regents of U. of Mich. v. Ewing, 474 U.S. 214, 225 (1985). Nor did Eguizabal show a genuine dispute of material fact existed as to her claims of misrepresentation and conspiracy. Accordingly, the district court did not err by granting defendants' motion for summary judgment and denying Eguizabal's motion for summary judgment.

Eguizabal's contention that the district court erred by granting defendants' motion for summary judgment because defendants failed to answer interrogatories lacks merit because Eguizabal herself authorized by letter a stay of indefinite duration of defendants' obligation to respond. Accordingly, the district court did not err by granting defendants' motion for summary judgment. See Jesinger, 24 F.3d at 1130.

The district court did not err by dismissing Eguizabal's claims against defendant University under the doctrine of sovereign immunity, because, as an arm of the state, the University of Washington was immune from suit. See Regents of the U. of Cal. v. Doe, 117 S.Ct. 900, 904 (1997).

Finally, Eguizabal's contention that the district court erred by denying her motion for default judgment pursuant to Fed.R.Civ.P. 55 lacks merit because the defendants had not "failed to plead or otherwise defend." See Fed.R.Civ.P. 55.