Amey v. State of California et al

Filing 24

ORDER by Judge Breyer granting 8 Motion to Dismiss with leave to amend. (crblc2S, COURT STAFF) (Filed on 7/27/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NICOLE HODGE AMEY,
Plaintiff,

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United States District Court
Northern District of California

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ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND

v.
STATE OF CALIFORNIA, et al.,
Defendants.

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Case No. 18-cv-02406-CRB

Nicole Amey, an attorney, sues under the ADA and Rehabilitation Act, complaining

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of (1) the California Office of Administrative Hearings’ (“OAH”) denial of Amey’s

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request for a continuance on behalf of her client, and (2) the OAH’s decision to sanction

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Amey in a different case. Compl. (dkt. 1) at 6–7. Amey’s appeal of the sanctions order is

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barred under the Rooker-Feldman doctrine. See Noel v. Hall, 341 F.3d 1148, 1163 (9th

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Cir. 2003) (“[W]hen the plaintiff in federal district court complains of a legal wrong

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allegedly committed by the state court, and seeks relief from the judgment of that court,”

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the action is a forbidden de facto appeal.). Meanwhile, Amey’s claim for an injunction

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under the Rehabilitation Act fails because (1) Amey alleges no wrongdoing by the

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California Department of Education (CDE and OAH are separate agencies, M.M. v.

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Lafayette Sch. Dist., 681 F.3d 1082, 1086 (9th Cir. 2012)), and (2) Amey points to no

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“continuing, present adverse effects” resulting from the OAH’s one-time denial of her

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request for a continuance, see City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983).

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Accordingly, the complaint is DENIED WITH LEAVE TO AMEND. Amey shall file

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an amended complaint on or before Aug. 17, 2018. The hearing scheduled for Aug. 10 is

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VACATED.

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IT IS SO ORDERED.

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Dated: July 27, 2018
CHARLES R. BREYER
United States District Judge

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United States District Court
Northern District of California

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