Ghazali v. Moran, No. 94-15489

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore WALLACE, Chief Judge, HALL and KLEINFELD; PER CURIAM
Citation46 F.3d 52
Decision Date11 January 1995
Docket NumberNo. 94-15489
PartiesCyrus GHAZALI, Plaintiff-Appellant, v. John MORAN, Sheriff; Clark County Commissioners, Defendants-Appellees.

Page 52

46 F.3d 52
Cyrus GHAZALI, Plaintiff-Appellant,
v.
John MORAN, Sheriff; Clark County Commissioners,
Defendants-Appellees.
No. 94-15489.
United States Court of Appeals,
Ninth Circuit.
Submitted Jan. 11, 1995. *
Decided Jan. 24, 1995.

Page 53

Cyrus Ghazali, pro se, for plaintiff-appellant.

Melissa Collins, Rawlings, Olson & Cannon, Las Vegas, NV, for defendants-appellees.

Appeal from the United States District Court for the District of Nevada.

Before WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges.

PER CURIAM:

Cyrus Ghazali, a federal prisoner, appeals pro se from the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging that his constitutional rights were violated while he was a pretrial detainee at the Clark County Detention Center. The district court dismissed Ghazali's action pursuant to a Nevada district court local rule because Ghazali failed to file an opposition to the motion of Sheriff Moran and the Commissioners to compel/motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291, and we affirm.

We review the district court's dismissal pursuant to its local rules for abuse of discretion. United States v. Warren, 601 F.2d 471, 474 (9th Cir.1979) "Only in rare cases will we question the exercise of discretion in connection with the application of local rules." Id.

Under the Nevada local rule, "[t]he failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute a consent to the granting of the motion." Dist.Nev.R. 140-6.

Failure to follow a district court's local rules is a proper ground for dismissal. Warren, 601 F.2d at 474 (upholding comparable Dist.Ariz.R. 11(g)). Before dismissing the action, the district court is required to weigh several factors: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases of their merits; and (5) the availability of less drastic sanctions." Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). If the

Page 54

district court does not consider these factors explicitly, we review the record independently to determine whether the district court abused its discretion. Id. at 1424.

An independent review of the record demonstrates that the district judge did not abuse his discretion in entering the judgment of dismissal. Although Ghazali...

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5729 practice notes
  • Johnson v. Saul, Case No.: 20-CV-747 JLS (AHG)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 25, 2021
    ..."Although [courts] construe pleadings liberally in their favor, pro se litigants are bound by the rules of procedure." Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). Consequently, the Court is unable and unwilling to provide a bl......
  • Casavelli v. Johanson, No. CV-20-00497-PHX-JAT
    • United States
    • U.S. District Court — District of Arizona
    • August 14, 2020
    ...pleadings is not a form of immunity from the Federal Rules of Civil Procedure, including federal pleading requirements. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). When the complaint does not state a claim upon which relief can be granted, the next inquiry is whether amendment can cur......
  • Williams v. Vista, 1:21-cv-01661-JLT-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 31, 2022
    ...a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal ......
  • Vongsvirates v. Rushmore Loan Mgmt. Servs., Case No. 1:21-cv-00012-NONE-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 19, 2021
    ...a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal ......
  • Request a trial to view additional results
5744 cases
  • Johnson v. Saul, Case No.: 20-CV-747 JLS (AHG)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 25, 2021
    ..."Although [courts] construe pleadings liberally in their favor, pro se litigants are bound by the rules of procedure." Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). Consequently, the Court is unable and unwilling to provide a bl......
  • Casavelli v. Johanson, No. CV-20-00497-PHX-JAT
    • United States
    • U.S. District Court — District of Arizona
    • August 14, 2020
    ...pleadings is not a form of immunity from the Federal Rules of Civil Procedure, including federal pleading requirements. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). When the complaint does not state a claim upon which relief can be granted, the next inquiry is whether amendment can cur......
  • Williams v. Vista, 1:21-cv-01661-JLT-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 31, 2022
    ...a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal ......
  • Vongsvirates v. Rushmore Loan Mgmt. Servs., Case No. 1:21-cv-00012-NONE-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 19, 2021
    ...a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal ......
  • Request a trial to view additional results

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