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

Brian Johnson v. Eldon Vail

Brian Johnson v. Eldon Vail
U.S. Court of Appeals for the Ninth Circuit · Decided September 29, 2010 · Wallace, Hawkins, Thomas
397 F. App'x 403

Brian Johnson v. Eldon Vail

Opinion

MEMDRANDUM **

The district court did not abuse its discretion by dismissing Brian K. Johnson’s (“Johnson”) action for failure to file an opposition to defendants’ motion to dismiss. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam) (listing factors to be considered before dismissing an action for failure to comply with local rules, and explaining that we review the record independently when the district court does not expressly consider these factors); see also W.D. Wash. R. 7(b)(2) (“If a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has merit.”).

Moreover, Johnson has waived any challenge to the district court’s dismissal because he has not addressed it on appeal. See Cook v. Schriro, 538 F.3d 1000, 1014 n. 5 (9th Cir. 2008) (explaining that issues not raised on appeal are deemed abandoned).

Johnson’s remaining contentions are unpersuasive.

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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