Abby Ovitsky v. State of Oregon

Good Law
594 F. App'x 431
United States Court of Appeals for the Ninth CircuitFebruary 27, 201514-35422California472 words

Opinion

Opinion

MEMORANDUM

Abby Jo Ovitsky appeals pro se from the district court’s judgment dismissing her action alleging federal and state law claims arising from her treatment as someone who suffers from an auditory processing disorder and who communicates through writing. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a district court’s application of local rules, as well as a denial of a motion for leave to amend. See Hinton v. Pac. Enters., 5 F.3d 391 , 395 (9th Cir.1993). We affirm.

The district court did not abuse its discretion by denying Ovitsky’s motion for leave to file a third amended complaint because Ovitsky’s motion failed to comply with local rules and Ovitsky’s proposed third amended complaint failed to state any cognizable claims for relief. See D. Or. R. 7-l(a) (the first paragraph of every motion must contain a certification regarding attempts to meet and confer; otherwise, the court may deny the motion); D. Or. R. 15-l(c) (an amended pleading “may not incorporate any part of the prior pleading by reference” and “any party moving for leave to file an amended ... pleading must describe the proposed changes”); Hinton, 5 F.3d at 397 (a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.