Luis Acosta v. City of Phoenix

MEMORANDUM

Luis Acosta appeals from the district court’s judgment dismissing his action brought under Title VII and 42 U.S.C. § 1983 alleging constructive discharge and other claims. 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, Yourish v. Cal. Amplifier, 191 F.3d 983 , 989 (9th Cir.1999), and we affirm.

The district court did not abuse its discretion by dismissing Acosta’s action because Acosta failed to comply with the district court’s order instructing him to file an amended complaint. See id. at 990 (discussing the five factors for determining whether to dismiss for failure to comply with a court order); see also Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir.2004) (explaining that a plaintiffs failure to amend his complaint or notify the court of his intent to stand on an unamended complaint justifies dismissal under Fed.R.Civ.P. 41(b)).

The district court properly dismissed Acosta’s constructive discharge claim because Acosta failed to allege facts sufficient to show that he complied with mandatory state notice requirements. See Hebbe v. Pliler, 627 F.3d 338, 341-44 (9th…