Premo

United States v. Premo

Good Law
333 F. App'x 169
United States Court of Appeals for the Ninth CircuitMay 20, 2009No. 07-56311California763 words

Opinion

Lead Opinion

*170 MEMORANDUM *

In this qui tam action, the Relator, Charolette Bly-Magee (“Bly-Magee”) appeals the district court’s dismissal without leave to amend her Third Amended Complaint. . We have jurisdiction under 29 U.S.C. § 1291 , and we affirm.

The district court dismissed Bly-Magee’s Third Amended Complaint because it lacked adequate specificity, as required by Federal Rule of Civil Procedure 9(b). Fed. R. Civ. Pro. 9(b); see also Bly-Magee v. California (Bly-Magee II), 236 F.3d 1014, 1018 (9th Cir.2001) (complaints under the False Claims Act must adhere to the requirements of Rule 9(b)). With one exception, we agree. For the most part, Bly-Magee alleges that California officials falsely certified compliance with a myriad of regulations when they submitted their state plan to the United States for Rehabilitation Act funds. Bly-Magee cites generally to federal regulations but does not specify exactly which requirement she contends the state plan violated. These allegations are not sufficient to apprise the California state and local officials of their alleged misconduct so as to allow the officials to prepare an answer. See Bly-Magee II, 236 F.3d at 1019 .

Bly-Magee does point…

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