Jeane Gregory v. Gust Rosenfeld Plc
Jeane Gregory v. Gust Rosenfeld Plc
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 28 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
JEANE GREGORY, No. 21-16853
Plaintiff-Appellant, D.C. No. 2:21-cv-00877-GMS
v. MEMORANDUM* GUST ROSENFELD PLC; MARICOPA COUNTY ATTORNEY; SUPERIOR COURT OF ARIZONA, Maricopa County; ARIZONA STATE BAR,
Defendants-Appellees.
Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding
Submitted June 15, 2022**
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
Jeane Gregory appeals pro se from the district court’s judgment dismissing
for failure to comply with a court order her diversity action alleging claims arising
out of a probate proceeding. We have jurisdiction under 28 U.S.C. § 1291. We
* 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). review for an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th
Cir. 2002). We affirm.
The district court did not abuse its discretion in dismissing Gregory’s action
under Federal Rule of Civil Procedure 41(b) after Gregory failed to file an
amended complaint as ordered, despite being warned that failure to do so would
result in dismissal. See id. at 641-43 (discussing factors to consider in determining
whether to dismiss for failure to comply with a court order; this court may review
the record independently to determine if the district court abused its discretion).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Gregory’s motions for entry of default (Docket Entry Nos. 11, 12, 13, 14,
and 16) are denied.
AFFIRMED.
2 21-16853
Reference
- Status
- Unpublished