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863 F2d 886 Daniels v. Los Angeles Unified School District

863 F.2d 886

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Floyd H. DANIELS, Plaintiff-Appellant,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT, Board of Education of
the City of Los Angeles, Harry Handler,
Superintendent of Schools, Defendants-Appellees.

No. 87-5793.

United States Court of Appeals, Ninth Circuit.

Submitted* Oct. 18, 1988.
Decided Nov. 16, 1988.

Before NELSON, NOONAN and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Floyd Daniels, a teacher, was dissatisfied with the award of an arbitration panel acting under a collective bargaining agreement and upholding a Notice of Unsatisfactory Service and his administrative transfer to another school. Daniels brought suit, not against the panel, but against the Los Angeles Unified School District; the Superintendent of Schools; and Daniels' own union. He alleged a violation of his rights under 42 U.S.C. Sec. 1983.

3

Daniels had no claim against any of these defendants. The judgment of the district court refusing to reconsider its grant of summary judgment to the defendants is affirmed.

4

Ordinarily, we would grant attorneys fees to appellees forced to defend a frivolous suit of this character. Because the suit is pro se and the appellant seems to have had difficulty understanding his legal options, we do not on this appeal award any attorneys fees. We do, however, inform the appellant that repetition of this kind of baseless suit will incur sanctions by this court.

5

AFFIRMED.

*

The panel finds this case appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a); Circuit Rule 34-4

**

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