Dye v. Medical Board of California et al

Filing 32

ORDER by Judge Yvonne Gonzalez Rogers denying 31 Motion for Leave to File First Amended Complaint. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD BERRY DYE,
Plaintiff,

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CASE NO. 16-cv-03942-YGR
ORDER DENYING MOTION FOR LEAVE TO
FILE FIRST AMENDED COMPLAINT

vs.
MEDICAL BOARD OF CALIFORNIA, ET AL.,

Re: Dkt. No. 31

Defendants.
On September 28, 2016, the Court dismissed with prejudice plaintiff’s case pursuant to
Section 1915 for failure to state a claim. (Dkt. No. 16, (“Dismissal Order”).) Leave to amend was

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United States District Court
Northern District of California

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not granted. (See Dkt. No. 25.) Now before the Court is pro se plaintiff Dye’s motion for leave to

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file an amended complaint. (Dkt. No. 31, (“Motion”).) Allegations of pro se plaintiffs are held to

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“less stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner, 92 S.Ct.

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594, 596 (1972) (citation omitted). “Leave to amend should be granted unless the pleading could

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not possibly be cured by the allegation of other facts . . . .” McQuillion v. Schwarzenegger, 369

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F.3d 1091, 1099 (9th Cir. 2004) (citations omitted).

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As noted by the Court in its September 28, 2016 Order, “[p]laintiff’s claims are plainly

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barred by the Rooker-Feldman doctrine as the crux of his complaint is an attack on a state court

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judgment affirming the Medical Board decision to revoke his license.” (Dismissal Order at 2; see

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also Dkt. No. 11, (“Report and Recommendation”) at 5.) Additionally, as noted the Court noted,

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“[t]he statute of limitations provides equally independent grounds to find amendment would be

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futile.” (Id.; see also Report and Recommendation at 4.) For these reasons, the Court DENIES

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plaintiff’s motion for leave to file an amended complaint as futile.

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This Order terminates Docket Number 31.

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IT IS SO ORDERED.

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Dated: August 14, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE