Barry S. Faulkner, Plaintiff-appellant, v. Bay Area Hospital; South Coast Radiologists Pc, Defendants-appellees, 133 F.3d 926 (9th Cir. 1997)Annotate this Case
Before: SNEED, LEAVY and TROTT, Circuit Judges.
Barry S. Faulkner appeals pro se the district court's Fed. R. Civ. P. 12(b) (6) dismissal of his action against Bay Area Hospital and South Coast Radiologists, P.C., arising out of a billing dispute from medical care provided to Faulkner's wife, Beverlee. We agree with the district court that Faulkner failed to establish that the defendants were state actors under 42 U.S.C. § 1983, and that Faulkner, therefore, failed to state a federal claim.
Faulkner contends that the district court erred in dismissing his action without providing him with an explanation of the deficiencies of his complaint and an opportunity to amend. The district court did provide Faulkner with an explanation and an opportunity to amend, and Faulkner filed an amended complaint. It is obvious from the amended complaint that Faulkner is unable to state a claim, and he is not entitled to numerous opportunities to amend. See Ferdik v. Bonzelet, 963 F.2d 1258, 1261 9th Cir. (1992). Accordingly, the district court's dismissal is