Jw Seals, Jr. v. Lausd

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JW SEALS, Jr., No. 19-55582

Plaintiff-Appellant, D.C. No. 2:18-cv-10104-R-JEM

v. MEMORANDUM* LOS ANGELES UNIFIED SCHOOL DISTRICT,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding

Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

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

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

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.

Footnotes

[2] 19-55582