Howard Tounget v. County of Riverside

MEMORANDUM

Howard and Carol Tounget appeal pro se from the district court’s judgment dismissing their 42 U.S.C. § 1983 action alleging, among other things, constitutional violations in connection with defendants’ allegedly selective enforcement of Riverside County Code provisions. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a district court’s dismissal for failure to comply with its local rules and failure to prosecute. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam). We affirm.

The district court did not abuse its discretion in dismissing the Toungets’ action without prejudice because the Toungets failed to oppose the County of Riverside’s motion to dismiss under Fed.R.Civ.P. 12(b)(6), despite ample time to respond to the motion. See C.D. Cal. R. 7-9 (requiring the filing of an opposition or statement of non-opposition to a motion to dismiss); C.D. Cal. R. 7-12 (providing that the failure to file any required document may be deemed consent to the granting or denial of the motion); Ghazali, 46 F.3d at 54 (affirming dismissal for failure to file opposition to motion to dismiss despite ample time given, and noting that pro se…