NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SOUTHERN CALIFORNIA INSTITUTE

OF LAW, a California corporation,

 Plaintiff - Appellant,

 v.

THE STATE BAR OF CALIFORNIA;

THE COMMITTEE OF BAR

EXAMINERS; JAMES H. AGUIRRE,

individually and in his official capacity;

ARCHIE JOE BIGGERS, individually and

in his official capacity; JAMES A.

BOLTON, individually and in his official

capacity; COMETRIA C. COOPER,

individually and in his official capacity; J.

SCOTT BOVITZ, individually and in his

official capacity; RICHARD A.

FRANKEL, individually and in his official

capacity; K. V. KUMAR, individually and

in his official capacity; SEAN M.

MCCOY, individually and in his official

capacity; SANDRA MENDOZA,

individually and in her official capacity;

JOEL MILIBAND, individually and in his

official capacity; MARTHA PRUDENHAMITER, individually and in her official

capacity; STEVEN J. RENICK,

No. 14-55690

D.C. No. 2:14-cv-00996-JVS-RNB

MEMORANDUM*

FILED

AUG 24 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
individually and in his official capacity;

SANDRA L. SALAZAR, individually and

in her official capacity; JEANNE C.

VANDERHOFF, individually and in her

official capacity; LEE H. WALLACH,

individually and in his official capacity;

PATRICIA P. WHITE, individually and in

her official capacity; ALAN

YOCHELSON, individually and in his

official capacity; GEORGE LEAL,

individually and in his official capacity;

DAVID A. CARRILLO, in his official

capacity; LISA CUMMINS, individually

and in her official capacity; PATRICK R.

DIXON, individually and in his official

capacity, Erroneously Sued As Patrick R.

Duncan; JOHN P. MCNICHOLAS,

individually and in his official capacity,

Erroneously Sued As John P. Nicholas;

JAMES VAUGHN, individually and in his

official capacity,

 Defendants - Appellees.

Appeal from the United States District Court

for the Central District of California

James V. Selna, District Judge, Presiding

Argued and Submitted August 5, 2015 

Pasadena, California

Before: O’SCANNLAIN, SILVERMAN, and WARDLAW, Circuit Judges.

 

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The Southern California Institute of Law (SCIL) appeals the district court’s

dismissal of its federal constitutional claims against members of California’s

Committee of Bar Examiners (CBE). As the facts are known to the parties, we

repeat them only as necessary to explain our decision.

We need not decide whether Appellees enjoy absolute immunity in this case,

because SCIL has failed to allege a cognizable injury. The letter SCIL received

from CBE had no legal consequence; by sending it, CBE did not “make any

decision or take any state action affecting [SCIL’s] rights, benefits, relationship or

status with the state.” Gini v. Las Vegas Metro. Police Dep’t, 40 F.3d 1041, 1045

(9th Cir. 1994). Rather, the letter simply notified SCIL that CBE was

contemplating taking action against the school, and would do so if SCIL failed to

correct its conduct. This mere warning of potential action against SCIL does not

give rise to the school’s constitutional claims. See Corales v. Bennett, 567 F.3d

554, 565 (9th Cir. 2009) (“Plaintiffs do not have a retaliation claim based on

threats of discipline for First Amendment activity if that threat is itself based upon

lawful consequences and is not actually administered.”); Gaut v. Sunn, 810 F.2d

923, 925 (9th Cir. 1987) (“We find no case that squarely holds a threat to do an act

prohibited by the Constitution is equivalent to doing the act itself . . . [and] we are

not prepared to create an exception to this pattern.”); Kerley Indus., Inc. v. Pima

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Cnty., 785 F.2d 1444, 1446 (9th Cir. 1986) (“[A letter without] operative legal

effect . . . cannot constitute the basis of a claim of deprivation of property without

due process.”). Because no action affecting SCIL’s constitutional rights ever

occurred, the school’s claims with respect to CBE’s letter were properly dismissed.

AFFIRMED. 

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