Cyrus Ghazali v. John Moran, Sheriff Clark County Commissioners
Opinion
Opinion
Cyrus Ghazali, a federal prisoner, appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated while he was a pretrial detainee at the Clark County Detention Center. The district court dismissed Ghazali’s action pursuant to a Nevada district court local rule because Ghazali failed to file an opposition to the motion of Sheriff Moran and the Commissioners to compel/motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review the district court’s dismissal pursuant to its local rules for abuse of discretion. United States v. Warren, 601 F.2d 471, 474 (9th Cir.1979) “Only in rare cases will we question the exercise of discretion in connection with the application of local rules.” Id.
Under the Nevada local rule, “[t]he failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute a consent to the granting of the motion.” Dist.Nev.R. 140-6.
Failure to follow a district court’s local rules is a proper ground for dismissal. Warren, 601 F.2d at 474 (upholding comparable Dist.Ariz.R. 11(g)). Before dismissing the…