Grillo
Grillo v. California Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Isaac Grillo appeals the district court’s grant of the California Department of Corrections’ (“CDC’s”) Motion to Dismiss. We have jurisdiction pursuant to 28 U.S.C. § 1291 over those claims not barred by the Eleventh Amendment. For the reasons set forth below, we affirm the district court’s dismissal of the action.
As an initial matter, Dr. Norcross is not a proper party to this appeal. Grillo filed a voluntary motion to dismiss Dr. Norcross without prejudice, which the district court granted. This is not an appealable order. Concha v. London, 62 F.3d 1493, 1507 (9th Cir.1995).
Next, we must decide whether we have jurisdiction over any of Grillo’s claims against CDC and the California Medical Board (“CMB”), or whether they are barred by sovereign immunity. Grillo has not appealed the district court’s finding that his claims for unlawful retaliation in violation of 28 C.F.R. § 551.90 and 42 U.S.C. § 1997 et seq., and for violation of Equal Contracting Rights under 42 U.S.C. § 1981 , are barred by sovereign immunity. Accordingly, we need not address these claims and leave the district court’s ruling undisturbed.