Ealise Crumb v. Orthopedic Surgery Medical Gro

MEMORANDUM

Ealise Crumb appeals pro se from the district court’s judgment in her race discrimination action arising from a doctor’s appointment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of a motion to dismiss and summary judgment. Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir.2009). We affirm in part and dismiss in part.

The district court properly dismissed Crumb’s claims against the state defendants for the reasons stated in its order filed on April 9, 2008. The district court did not abuse its discretion by denying Crumb leave to amend her first amended complaint because it had already provided notice of the pleading deficiencies in its initial order granting leave to amend. See Chodos v. W. Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002) (setting forth standard of review and noting that court’s discretion is particularly broad where it has already granted leave to amend).

The district court properly granted summary judgment to the medical defendants on Crumb’s discrimination claims for the reasons stated in its order filed on August 18, 2010.

The district court did not abuse its discretion by denying without prejudice…