Brian Johnson v. Eldon Vail, et al, No. 09-35498 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BRIAN K. JOHNSON, No. 09-35498 Plaintiff - Appellant, D.C. No. 3:08-cv-05654-FDB v. MEMORANDUM * ELDON VAIL, Secretary; et al., Defendants - Appellees. Appeal from the United States District Court for the Western District of Washington Franklin D. Burgess, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS and THOMAS, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. ). 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). Johnson s remaining contentions are unpersuasive. AFFIRMED. 2 09-35498

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.