Glassey
Glassey v. Amano Corp.
Opinion
Lead Opinion
MEMORANDUM *
Todd Glassey appeals pro se from the district court’s judgment in favor of defendants in his action alleging bankruptcy fraud and various state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion a dismissal under Federal Rule of Civil Procedure 41(b), Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and review de novo a grant of summary judgment, Stratosphere Litig. L.L.C. v. Grand Casinos, Inc., 298 F.3d 1137, 1142 (9th Cir.2002). We affirm.
The district court did not abuse its discretion by dismissing Glassey’s claim against the National Institute of Standards and Technologies for return of property because Glassey failed to amend the operative complaint or indicate that he would not do so after the district court provided him with two opportunities to amend and advised him that judgment would be entered if he failed to amend by the deadline. See Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir.2004); see also Ferdik, 963 F.2d at 1260-63 (addressing factors to consider in determining whether a district court abuses its discretion by dismissing an action under Rule 41(b)).