Jw Seals, Jr. v. Lausd
Jw Seals, Jr. v. Lausd
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
JW SEALS, Jr., No. 19-55582
Plaintiff-Appellant, D.C. No. 2:18-cv-10104-R-JEM
v. MEMORANDUM* LOS ANGELES UNIFIED SCHOOL DISTRICT,
Defendant-Appellee.
Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
J.W. Seals, Jr. appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983
employment. We have jurisdiction under 28 U.S.C. § 1291. We review for an
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). abuse of discretion a district court’s dismissal under its local rules. Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). We vacate and remand.
The district court erred by not recognizing that Seals had filed his opposition
before the district court had ruled on defendant’s motion to dismiss. See Draper v.
Coombs, 792 F.2d 915, 924 (9th Cir. 1986) (explaining that pro se litigants should
be treated with “great leniency” when evaluating compliance with “the technical
rules of civil procedure”). We vacate and remand for the district court to consider
Seals’s opposition in the first instance.
The parties shall bear their own costs on appeal.
VACATED AND REMANDED.
2 19-55582
Reference
- Status
- Unpublished