Bobby Francis Lowry, V. v. University of Arizona Global Campus

Summary

The United States District Court for the District of Arizona grants Plaintiff Bobby Francis Lowry’s application to proceed in forma pauperis and screens his complaint under 28 U.S.C. § 1915(e)(2). The Court dismisses the § 1983 due process claim, concluding that Plaintiff has not established a property right to continued enrollment in higher education under Arizona law. The Court declines supplemental jurisdiction over the breach-of-contract and negligence claims, finds amendment futile, and orders the case closed.

Holdings

1. Plaintiff failed to state a due process claim because he did not identify a basis in Arizona law for a property right in continued enrollment or higher education.
2. The court declined to exercise supplemental jurisdiction over the state-law claims after dismissing the only federal claim and dismissed the complaint in its entirety.
3. Leave to amend was denied because amendment would be futile where Arizona law does not recognize a property right to higher education or continued enrollment.

Questions Presented

1. Whether plaintiff stated a due process claim under 42 U.S.C. § 1983 based on cancellation of his enrollment without notice or an opportunity to be heard.
2. Whether the court should exercise supplemental jurisdiction over plaintiff's breach-of-contract and negligence claims after dismissing the only federal claim.
3. Whether plaintiff should be granted leave to amend the complaint.

Disposition

dismissed