Moza

Moza v. Kaweah Delta Health Care District

Good Law
143 F. App'x 1
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 05-15177; D.C. No. CV-03-06920-RECCalifornia273 words

Opinion

Lead Opinion

MEMORANDUM **

Joseph Moza, M.D., appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that Kaweah Delta HCD, Hanford Community Hospital, and various individuals violated his rights under the constitution and California state law when they summarily suspended him from employment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion both a district court’s dismissal for failure to comply with a court order, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002), and the denial of a motion for reconsideration, School Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not abuse its discretion by dismissing Moza’s action for failure to comply with its order that he file an opposition to defendants’ motion to dismiss where the court had previously given Moza a continuance of three months to file an opposition and had warned him that failure to do so would result in dismissal. See Pagtalunan, 291 F.3d at 642-43 .

The district court also did not abuse its discretion by denying Moza’s request for reconsideration because he merely reargued issues…

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