JW SEALS v. LOS ANGELES UNIFIED SCHOOL DISTRICT (2020)

United States Court of Appeals, Ninth Circuit.

JW SEALS, Jr., Plaintiff-Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant-Appellee.

No. 19-55582

Decided: March 09, 2020

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

JW Seals, Jr., Pro Se David V. Greco, Esquire, Assistant General Counsel, Los Angeles Unified School District, Office of the General Counsel, Los Angeles, CA, for Defendant-Appellee

MEMORANDUM **

J.W. Seals, Jr. appeals pro se from the district court's order dismissing his 42 U.S.C. § 1983 action alleging federal claims arising from his denial of employment. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court's dismissal under its local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). We vacate and remand.

The district court erred by not recognizing that Seals had filed his opposition before the district court had ruled on defendant's motion to dismiss. See Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986) (explaining that pro se litigants should be treated with “great leniency” when evaluating compliance with “the technical rules of civil procedure”). We vacate and remand for the district court to consider Seals's opposition in the first instance.

The parties shall bear their own costs on appeal.

VACATED AND REMANDED.

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