Jw Seals, Jr. v. Lausd

U.S. Court of Appeals for the Ninth Circuit

Jw Seals, Jr. v. Lausd

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JW SEALS, Jr., No. 20-56015

Plaintiff-Appellant, D.C. No. 2:18-cv-10104-CBM-JEM

v. MEMORANDUM* LOS ANGELES UNIFIED SCHOOL DISTRICT,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

JW Seals, Jr. appeals pro se from the district court’s order dismissing his

employment discrimination action. We have jurisdiction under 28 U.S.C. § 1291.

We review for an abuse of discretion a dismissal for failure to comply with a court

order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

* 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). The district court did not abuse its discretion by dismissing Seals’s action

under Federal Rule of Civil Procedure 41(b) because Seals failed to file an

amended complaint despite repeated opportunities and after being warned that

failure to do so would result in dismissal. See id. at 640, 642-43 (discussing

factors to consider in determining whether to dismiss for failure to comply with a

court order and noting that dismissal should not be disturbed absent “a definite and

firm conviction” that the district court “committed a clear error of judgment”

(citation and internal quotation marks omitted)).

AFFIRMED.

2 20-56015

Reference

Status
Unpublished