David Ogle v. Ralph Yates

MEMORANDUM

David J. Ogle appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging constitutional violations in connection with the revocation of his medical license. Ogle was given leave to amend, which he refused to do. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Yokeno v. Mafnas, 973 F.2d 803, 806 (9th Cir.1992). We affirm.

The district court properly dismissed the claims against the State of Oregon and the Oregon Medical Board as barred by the Eleventh Amendment. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984) (Eleventh Amendment immunity applies to states and their agencies “regardless of the nature of the relief sought”); Montana v. Goldin (In re Pegasus Gold Corp.), 394 F.3d 1189, 1195 (9th Cir.2005) (absent waiver, state and its agencies are immune under the Eleventh Amendment from private actions in federal court).

The district court properly dismissed the claims against Judges Schuman, Wollheim, and Nakamoto on the basis of judicial immunity. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (en banc) (“Judges and those performing judge-like…