Dominique Baker v. Main Library;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOMINIQUE BAKER,
Plaintiff - Appellant,
v.
MAIN LIBRARY; et al.,
Defendants - Appellees.
No. 13-15131
D.C. No. 4:12-cv-00693-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Dominique Baker appeals pro se from the district court’s judgment
dismissing his action alleging violations of various federal rights arising from his
attempt to borrow interlibrary loan materials. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to
comply with the local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per
FILED
JUL 30 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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curiam). We affirm.
The district court did not abuse its discretion by dismissing Baker’s claims
against the Main Library defendants for failure to comply with the local rules
because the district court warned Baker that failure to oppose the motion to dismiss
would result in the motion being granted. Rather than file an opposition, Baker
resubmitted his complaint and other unresponsive documents. See D. Ariz. Loc. R.
7.2(i) (failure to file an opposition “may be deemed a consent to the . . . granting of
the motion and the Court may dispose of the motion summarily”). Moreover, the
balance of factors favored dismissal. See Ghazali, 46 F.3d at 53-54 (listing the
factors to be weighed before dismissing an action for failure to follow the local
rules, noting that pro se litigants are bound by the rules, and affirming the
dismissal of a pro se plaintiff’s civil rights action for failure to file a timely
opposition to defendant’s motions to compel and to dismiss).
AFFIRMED.

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