James Gordon, Jr. v. Bac Home Loans Servicing Lp
Opinion
Opinion
MEMORANDUM
James Samuel Gordon, Jr., appeals pro se from the district court’s judgment dismissing his action alleging violations of federal and state statutes arising from defendants’ transmission of unsolicited commercial email or spam. 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, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and de novo a dismissal for failure to state claim, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004). We affirm.
The district court did not abuse its discretion in dismissing Gordon’s action after he failed to comply with the court’s order to amend to cure the defects in one of his claims, and instead filed entirely new claims, many of which had been dismissed in prior actions. See Fed.R.Civ.P. 41(b) (allowing dismissal of action for failure to comply with court order); Ferdik, 963 F.2d at 1260-63 (listing factors to guide decision to dismiss under Rule 41(b) and noting that dismissal can be appropriate if strongly supported by a majority of factors).
The district court also properly dismissed Gordon’s claims on the merits.