Ritchey

MEMORANDUM **

Joe B. Ritchey appeals pro se the district court’s order denying his motion for *648 remand and dismissing his action without leave to amend. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the denial of a motion for remand de novo. Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409 (9th Cir.1998), amended by 140 F.3d 849 (9th Cir.1998). We also review a dismissal without leave to amend de novo. Schmier v. U.S.Ct. of Appeals for the Ninth Circuit, 279 F.3d 817, 824 (9th Cir.2002). We affirm.

Ritchey alleged that the appellees engaged in the spoliation of evidence to defeat his two prior lawsuits against Upjohn Drug Company and others arising from his ingestion of the prescription drug Halcion. This court affirmed the dismissal of those two prior lawsuits on statute of limitations grounds. See Ritchey v. Upjohn Drug Co., No. 94-15171, 1995 WL 341572 (9th Cir. June 8, 1995) (“Ritchey /”); Ritchey v. Upjohn Drug Co., 139 F.3d 1313 (9th Cir. 1998) {“Ritchey II”).

The district court properly denied Ritchey’s motion to remand this action to state court because this court has already held that Dr. William Dement was fraudulently joined to defeat…