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397 F. App'x 403

Brian Johnson v. Eldon Vail

U.S. Courts of Appeals

Decided September 29, 2010

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U.S. Courts of Appeals · decided 2010-09-29

Relies on Ghazali v. Moran · Cook v. Schriro

Decided 2010-09-29

¶1 MEMDRANDUM

¶2 The district court did not abuse its discretion by dismissing Brian K. Johnson’s (“Johnson”) action for failure to file an opposition to defendants’ motion to dismiss. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir.1995) (per curiam) (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 does not expressly consider these factors); see also W.D. Wash. R. 7(b)(2) (“If a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has merit.”).

¶3 Moreover, Johnson has waived any challenge to the district court’s dismissal because he has not addressed it on appeal. See Cook v. Schriro, 538 F.3d 1000, 1014 n. 5 (9th Cir.2008) (explaining that issues not raised on appeal are deemed abandoned).

¶4 Johnson’s remaining contentions are unpersuasive.

¶5 AFFIRMED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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