Carmen Jones v. Nevada Bd of Medical Examiners

FILED NOT FOR PUBLICATION MAR 23 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARMEN JONES, Dr., No. 14-15278 Plaintiff -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. -2-