Carmen Jones v. Nevada Bd of Medical Examiners , 645 F. App'x 568 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 23 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARMEN JONES, Dr., No. 14-15278
Plaintiff - Appellant, D.C. No. 2:13-cv-00996-GMN-
CWH
v.
STATE OF NEVADA BOARD OF MEMORANDUM*
MEDICAL EXAMINERS,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief District Judge, Presiding
Submitted March 17, 2016**
San Francisco, California
Before: W. FLETCHER, RAWLINSON, and HURWITZ, Circuit Judges.
Carmen Jones brought this lawsuit under 42 U.S.C. § 1983 against the State
of Nevada Board of Medical Examiners (“NBME”). The district court dismissed
the case with leave to amend on the ground that the Eleventh Amendment
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
proscribes lawsuits against a state or its agencies in federal court, see Pennhurst
State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100–02 (1984), and that NBME is
a state agency, Buckwalter v. Nev. Bd. of Med. Exam’rs, 678 F.3d 737, 740 n.1 (9th
Cir. 2012). Jones then declined to file an amended complaint. The district court
was, of course, correct to dismiss the case.
AFFIRMED.
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