Luis OSOLLO, Plaintiff-Appellant, v. Linda DARLING-HAMMOND; et al., Defendants-Appellees.
Decided: February 26, 2020
Before: FARRIS, TROTT, and SILVERMAN, Circuit Judges.
Luis Osollo, Pro Se Stephen Alexander Aronis, Deputy Attorney General, AGCA - Office of the Attorney General, San Diego, CA, for Defendants-Appellees Linda Darling-Hammond, Kathleen Harris, C. Michael Conney, Jose Gonzalez, Alicia Hinde, Georgette Imura, Bonnie Klatt, Shane Martin, Tine Sloan, Juliet Tiffany Morales, Kirsten Barnes, Constance Blackburn, Haydee Rodriguez, Tillie Soliz, Mary Jane Roberts, Katherine Esquire, Helio Brasil, Sheila Ryskamp, Rodonna Van Pelt, Katherine Pavidis, Richard Zeiger Avi Burkwitz, Esquire, Attorney, Peterson Bradford Burkwitz, LLP, Burbank, CA, for Defendants-Appellees Ira Berman, Justo Avila, Alex Conteras, Mario Torres
Luis Osollo appeals pro se the district court's dismissal of his civil rights action arising from Los Angeles Unified School District's (“LAUSD”) termination of his employment as substitute high school teacher and subsequent proceedings to suspend his California teacher's credential. The district court dismissed the action pursuant to Federal Rule of Civil Procedure 41(b) and alternatively for failure to state a claim pursuant to Rule 12(b)(6). We review the district court's decision whether to dismiss pursuant to Rule 41(b) for an abuse of discretion. Tillman v. Tillman, 825 F.3d 1069, 1074 (9th Cir. 2016). We affirm the district court's judgment.
In light of Osollo's repeated failure to comply with the district court's orders to file a complaint that included a short and plain statement of claims, as required by Rule 8(a), despite the fact that he is an attorney, the district court properly exercised its discretion in dismissing the action with prejudice. See Fed. R. Civ. P. 41(b) (providing for dismissal when a plaintiff fails to comply with the Federal Rules of Civil Procedure or court orders); Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002) (setting forth factors to be weighed).
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