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Joseph v. State Bar of California

United States Court of Appeals, Ninth Circuit
Mar 18, 2014
564 F. App'x 302 (9th Cir. 2014)

Opinion

Submitted March 10, 2014

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Central District of California. D.C. No. 2:11-cv-06598-CAS-AGR. Christina A. Snyder, District Judge, Presiding.

JOEL DAVID JOSEPH, Plaintiff - Appellant, Pro se, Beverly Hills, CA.

For STATE BAR OF CALIFORNIA, Defendant - Appellee: Starr Babcock, Esquire, Rachel Simone Grunberg, Esquire, Senior Attorney, Danielle Adoracion Lee, Esquire, Assistant General Counsel, Lawrence C. Yee, THE STATE BAR OF CALIFORNIA, Office of the General Counsel, San Francisco, CA.


Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Joel David Joseph, an attorney, appeals pro se from the district court's order dismissing his action arising from his failure to pass the California Bar Exam. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of Eleventh Amendment immunity. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). We affirm.

The district court properly dismissed Joseph's action because the State Bar of California is entitled to Eleventh Amendment immunity. See Hirsh v. Justices of the Supreme Court, 67 F.3d 708, 715 (9th Cir. 1995) (per curiam) (the State Bar of California is an arm of the state and is entitled to Eleventh Amendment immunity).

The district court did not abuse its discretion by denying Joseph's Fed.R.Civ.P. 60(b) motion because Joseph failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and requirements for reconsideration).

Joseph's contention that the district court deprived Joseph of due process by allegedly failing to serve him electronically with its dismissal order and not entering a separate judgment is unpersuasive. See Stephanie-Cardona LLC v. Smith's Food and Drug Ctrs., Inc., 476 F.3d 701, 703 (9th Cir. 2007) (" [E]ven if the district court does not set forth the judgment on a separate document, an appealable final order is considered entered when 150 days have run from the time the final order is docketed." ).

AFFIRMED.


Summaries of

Joseph v. State Bar of California

United States Court of Appeals, Ninth Circuit
Mar 18, 2014
564 F. App'x 302 (9th Cir. 2014)
Case details for

Joseph v. State Bar of California

Case Details

Full title:JOEL DAVID JOSEPH, Plaintiff - Appellant, v. STATE BAR OF CALIFORNIA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 18, 2014

Citations

564 F. App'x 302 (9th Cir. 2014)

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