Spittal

Spittal v. Jennings

Good Law
68 F. App'x 93
United States Court of Appeals for the Ninth CircuitJune 19, 2003No. 02-17514; D.C. No. CV-00-01766-LKKCalifornia334 words

Opinion

Lead Opinion

MEMORANDUM **

George Spittal appeals pro se the district court’s orders dismissing for failure to state a claim and for failure to comply with a court order his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by discontinuing his substitute teaching assignment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Steckman v. Hart Brewing, *94 Inc., 143 F.3d 1293 , 1295 (9th Cir.1998), and we review for abuse of discretion a dismissal for failure to comply with a court order, Henry v. Gill Indus., Inc., 983 F.2d 943, 949 (9th Cir.1993). We affirm.

The district court did not abuse its discretion by dismissing Spittal’s claims for -failure to comply with a court order because the district court warned Spittal of the consequence of failing to respond to defendants’ summary judgment motion and gave Spittal two opportunities to respond. See Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir.1994) (per curiam) (affirming grant of unopposed motion for summary judgment where plaintiff had previously been warned of consequence of failure to respond).

Contrary to Spittal’s contentions, the magistrate judge…

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