Joseph Giannini appeals the dismissal of his amended complaint by the United States District Court for the Central District of California. Giannini filed suit when, after he failed the July, 1986 and February, 1987 California bar examinations,
Under California law, only the state supreme court, not the Committee of Bar Examiners, has the authority to grant or deny admission to the bar. Chaney v. State Bar of California, 386 F.2d 962, 966 (9th Cir.1967). The Committee operates as an administrative arm of the court but is not empowered to admit applicants. Id. Rather, the Committee administers the bar examination and certifies applicants meeting its requirements to the supreme court for admission. Cal.Bus. & Prof.Code §§ 6060, 6064. All Committee actions are reviewable by the supreme court and nonbinding upon it. Siegel v. Committee of Bar Examiners, 10 Cal.3d 156, 110 Cal.Rptr. 15, 27, 514 P.2d 967, 979 (1973). An applicant seeking review of a decision by the Committee must file a petition for review by the California Supreme Court. Cal.Bus. & Prof.Code § 6066; Chaney, 386 F.2d at 966. Until such review is completed, an applicant has no basis for any claim of deprivation under federal law because no deprivation has taken place. See Chaney, 386 F.2d at 966 ("... under California law a refusal of certification by the Committee is not a power of deprivation").
This prerequisite to federal deprivation operates as a bar upon Giannini's suit in federal court. Although he petitioned the Committee, he never appealed its decision to the California Supreme Court. Not even a claim of futility, which Giannini has not made,