Dye, MD v. Medical Board of California ('Board') et al

Filing 12

ORDER REJECTING FILING AND DENYING ALL OTHER REQUESTS AS MOOT re 6 MOTION to Appoint Counsel filed by Richard B. Dye, MD, 3 MOTION for Leave to Proceed in forma pauperis filed by Richard B. Dye, MD. The Clerk shall close the file. Signed by Judge Yvonnne Gonzalez Rogers on 8/14/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD B. DYE,
Plaintiff,

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Case No. 17-cv-04370-YGR
ORDER REJECTING FILING AND DENYING
ALL OTHER REQUESTS AS MOOT

v.
MEDICAL BOARD OF CALIFORNIA, et al.

Dkt. Nos: 3 and 6.

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Northern District of California

United States District Court

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Defendants.
On August 2, 2017, Richard B. Dye, M.D., proceeding pro se, filed a complaint against the
Medical Board of California, et al. (Dkt. No. 1, Complaint.) On August 10, 2017, the Court found
the Complaint was related to Dye v. Medical Board of California, 16-cv-03942-YGR (Dye I). (Dkt.
No. 7.) Dye I was dismissed with prejudice on September 28, 2016. (Dye I at Dkt. No. 16.) Dye
attempted to file an “amended complaint” on July 17, 2017, (id. at Dkt. No. 18), which this Court
rejected (id. at Dkt. No. 25).
The Court finds that the instant Complaint arises from the same conduct, alleges the same
claims, and is brought against the same defendants as Dye I. Accordingly, the Court REJECTS
plaintiff’s Complaint and all other filings (Dkt. Nos. 3, 6) as this case was dismissed with prejudice
on September 28, 2016 and again on July 25, 2017. Leave to amend was not granted. All others
requests are DENIED as moot. The Court advises plaintiff that he cannot effectuate a runaround of
this Court’s prior dismissal with prejudice merely by filing a “new” case which alleges the same
violations against the same defendants.
The Clerk shall close the file.
IT IS SO ORDERED.

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Dated: August 14, 2017

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Hon. Yvonne Gonzalez Rogers
United States District Court Judge