JW SEALS, Jr. v. Los Angeles Unified School District

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JW SEALS, Jr.,
Plaintiff-Appellant,
v.
LOS ANGELES UNIFIED SCHOOL
DISTRICT,
Defendant-Appellee.
No. 20-56015
D.C. No. 2:18-cv-10104-CBM-JEM
MEMORANDUM*
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).
FILED
SEP 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-56015
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.

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