Leonichev

Leonichev v. Valley Presbyterian Hospital

Good Law
160 F. App'x 595
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 05-55145; D.C. No. CV-04-07066-RSWLCalifornia252 words

Opinion

Lead Opinion

MEMORANDUM **

Alexey and Victoria Leonichev appeal pro se the district court’s order dismissing their action against Mrs. Leonichev’s former employer, Valley Presbyterian Hospital. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of *596 discretion a dismissal for failure to follow a court order, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court did not abuse its discretion in dismissing Appellants’ action for failure to file a timely amended complaint. See id. at 1260-62 . The record demonstrates that the district court described in detail the complaint’s inadequacies and warned Appellants that failure to file an amended complaint would result in dismissal. See Edwards v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir.2004) (“The failure of the plaintiff eventually to respond to the court’s ultimatum — either by amending the complaint or by indicating to the court that it will not do so — is properly met with the sanction of a Rule 41(b) dismissal.”).

Appellants’ remaining contentions lack merit.

We grant Appellee’s request for judicial notice.

We deny all pending requests for costs and attorney’s fees,…

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