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Peter STROJNIK, Sr., Plaintiff-Appellant, v. SINGPOLI GROUP, LLC, dba DusitD2 Hotel Constance Pasadena, Defendant-Appellee.
MEMORANDUM **
Peter Strojnik, Sr. appeals pro se from the district court's order dismissing for failure to comply with court orders his action alleging violations of the Americans with Disabilities Act (“ADA”) and state law. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal under Federal Rule of Civil Procedure 41(b). Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). We affirm.
The district court did not abuse its discretion by dismissing Strojnik's action with prejudice because despite two opportunities to comply with the court's orders to serve the ADA packet on the defendant, Strojnik failed to serve the ADA packet on the defendant. See id. at 1260-63 (setting forth factors for determining whether a pro se action should be dismissed under Rule 41(b) and requiring “a definite and firm conviction” that the trial court “committed a clear error of judgment” in order to overturn such a dismissal (citation and internal citation marks omitted)).
AFFIRMED.
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Docket No: No. 19-55310
Decided: April 15, 2020
Court: United States Court of Appeals, Ninth Circuit.
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