Opinion
NOT FOR PUBLICATION
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Appeal from the United States District Court for the Eastern District of Washington D.C. No. CV-04-00074-JLQ Justin L. Quackenbush, District Judge, Presiding
Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Benjapon Sakkarapope appeals pro se from the district court§s judgment dismissing his 42 U.S.C. § 1983 action alleging violation of the Family Educational Rights and Privacy Act (§FERPA§), 20 U.S.C. § 1232g. We have jurisdiction under 28 U.S.C. § 1291. After de novo review, Thompson v. City of Los Angeles, 885 F.2d 1439, 1442 (9th Cir. 1989), we affirm.
The district court properly dismissed Sakkarapope§s claims against defendant Board of Regents because the Board is not a §person§ within the meaning of 42 U.S.C. § 1983. See id . at 1443. Moreover, even if the State of Washington has waived its sovereign immunity to 42 U.S.C. § 1983 actions in its own courts, it has not done so in the federal courts. See McConnell v. Critchlow, 661 F.2d 116, 117 (9th Cir. 1981).
The district court also properly dismissed Sakkarapope§s claims against the Secretary of Education because FERPA does not create a private right of action. See Gonzaga University v. Doe, 536 U.S. 273, 287 (2002).
Sakkarapope§s remaining contentions are unpersuasive.
Sakkarapope§s pending motions are denied.
Appellee§s motion to strike is granted.
AFFIRMED