Dymits

Dymits v. American International Group

Good Law
2 F. App'x 818
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 99-15690California317 words

Opinion

Lead Opinion

MEMORANDUM

Lee Dymits appeals pro se the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of his second amended complaint (“SAC”) alleging violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 , the Fair Housing Act, 42 U.S.C. § 3601 , the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 , 42 U.S.C. §§ 1981 , 1983, and 1985, the Rehabilitation Act, 29 U.S.C. §§ 701-797 , and numerous state laws. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, we affirm the district court’s dismissal of Dymits’ SAC for the reasons *820 stated in the district court’s December 2, 1998 order.

Second, we affirm the district court’s decision to grant the defendants an extension of time to answer as this decision lies well within the district court’s discretion. See United States ex rel. Hawaiian Rock Prods. Corp. v. A.E. Lopez Enters., 74 F.3d 972, 976 (9th Cir.1996).

Third, we affirm the district court’s dismissal of Dymits’ claims against National Union because it is absolutely clear that the deficiencies in his complaint could not be cured by amendment. See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir.2000) (en banc);…

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