Richard Fleming v. United States

MEMORANDUM

Richard Max Fleming, M.D., appeals pro se from the district court’s judgment dismissing his action under the International Covenant on Civil and Political Rights (“ICCPR”) seeking damages for the loss of his medical license as a result of his felony conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed.R.Civ.P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010). We may affirm on any basis supported by the record. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1121 (9th Cir.2013). We affirm.

The district court properly dismissed Fleming’s action because the ICCPR does not create enforceable obligations in federal courts. See Serra v. Lappin, 600 F.3d 1191, 1197 (9th Cir.2010) (concluding that the ICCPR “was ratified on the express understanding that it was not self-executing and so did not itself create obligations enforceable in the federal courts” (citation and internal quotation marks omitted)).

The district court did not abuse its discretion in denying Fleming’s motions for entry of default and for default judgment. The United States responded timely to Fleming’s complaint, and Fleming cannot…