Kenneth Curry v. Vancouver Housing Authority ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH TAYLOR CURRY, No. 18-35467
Plaintiff-Appellant, D.C. No. 3:16-cv-05784-RBL
v.
MEMORANDUM*
VANCOUVER HOUSING AUTHORITY;
ROY JOHNSON, in his official & private
capacity,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Kenneth Taylor Curry appeals pro se from the district court’s summary
judgment in his 42 U.S.C. § 1983 action alleging claims in connection with his
participation in the Section 8 public housing program. We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
28 U.S.C. § 1291. We review de novo, Shelley v. Geren, 666 F.3d 599, 604 (9th
Cir. 2012), and we affirm.
The district court properly granted summary judgment because Curry failed
to raise a genuine dispute of material fact as to whether defendants violated his due
process rights in denying him an accommodation or terminating his housing
assistance. See Mathews v. Eldridge, 424 U.S. 319, 333-35 (1976) (setting forth
requirements for procedural due process); see also 24 C.F.R. § 982.552(c)(1)(ix)
(allowing for denial or termination of program assistance “[i]f a family has
engaged in or threatened abusive or violent behavior toward [Public Housing
Agency] personnel”).
The district court did not abuse its discretion in denying Curry’s motion for
reconsideration because Curry failed to establish any grounds for relief. See Sch.
Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir.
1993) (setting forth standard of review and grounds for relief under Federal Rule of
Civil Procedure 59(e)).
AFFIRMED.
2 18-35467