U.S. Court of Appeals for the Ninth Circuit, 2010

McElroy v. City of Corvallis

McElroy v. City of Corvallis
U.S. Court of Appeals for the Ninth Circuit · Decided July 20, 2010 · Alarcón, Leavy, Graber
388 F. App'x 702

McElroy v. City of Corvallis

Opinion

MEMORANDUM **

Ian A McElroy appeals pro se from the district court’s judgment dismissing his action as a sanction under Federal Rule of Civil Procedure 37(b) for failure to comply with discovery orders. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir. 1997). We affirm.

The district court did not abuse its discretion by dismissing the action after finding that McElroy’s failure to comply with its discovery orders indicated willfulness and bad faith and after properly considering the pertinent factors for determining whether to dismiss under Rule 37. See id. at 507-08.

McElroy’s remaining contentions are unpersuasive.

McElroy’s request for judicial notice is granted.

AFFIRMED.

**

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

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