Haynes

Haynes v. R.W. Selby & Co.

Good Law
338 F. App'x 694
United States Court of Appeals for the Ninth CircuitJuly 23, 2009No. 08-55732California454 words

Opinion

Lead Opinion

MEMORANDUM **

Robert L. Haynes appeals pro se from the district court’s order dismissing his action alleging housing discrimination on the basis of race and religion. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a district court’s dismissal for violation of its local rules, Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam), and review de novo a dismissal for failure to state a claim, Gilligan v. Jamco Dev. Corp., 108 F.3d 246 , 248 (9th Cir.1997). We vacate and remand.

Appellees contend the action was dismissed because Haynes failed to comply with the local rules. However, Local Rule 7-14 applies to counsel, not pro se litigants; Haynes’s opposition was filed only three days late; the complaint was filed less than three months earlier; there was no argument or evidence of prejudice to defendants; public policy favors disposition of cases on the merits; and there is no indication that less drastic sanctions were considered. See Ghazali, 46 F.3d at 53 (listing factors to be considered before dismissing an action for failure to comply with local rules, and explaining that we review the record independently when the district court…

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