Tabi v. Pasadena Area Community College District , 510 F. App'x 524 ( 2013 )

FILED
NOT FOR PUBLICATION FEB 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCOIS TABI, No. 11-56206
Plaintiff - Appellant, D.C. No. 2:10-cv-00341-DMG-JC
v.
MEMORANDUM *
PASADENA AREA COMMUNITY
COLLEGE DISTRICT,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Francois Tabi appeals pro se from the district court’s judgment dismissing
his action under 42 U.S.C. §§ 1983 and 2000d alleging constitutional violations
and racial discrimination. We have jurisdiction under 28 U.S.C. § 1291. We
*
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).
review for an abuse of discretion a district court’s dismissal for failure to comply
with local rules, Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam),
and we affirm.
The district court did not abuse its discretion by dismissing the action
because Tabi failed to oppose defendant’s motion to dismiss under Rule 12(b)(6)
of the Federal Rules of Civil Procedure. See C.D. Cal. R. 7-12 (“The failure to file
any required document, or the failure to file within the deadline, may be deemed
consent to the granting or denial of the motion.”); see also Ghazali, 46 F.3d at 54
(pro se litigants are bound by the rules of procedure).
To the extent that Tabi argues that the district court should have allowed him
to file an amended complaint and retain defendant in the lawsuit in order to allow
him to conduct discovery regarding unknown and unnamed defendants, this
argument has been waived because Tabi failed sufficiently to raise it before the
district court. See In re Rains, 428 F.3d 893, 902 (9th Cir. 2005).
AFFIRMED.
2 11-56206