Summary
holding that the district court did not abuse its discretion in denying the pro se appellant permission to use the CM/ECF system
Summary of this case from In re StehrenbergerOpinion
No. 12-56305
08-20-2014
SPHEAR INVESTMENTS, LLC, a California Limited Liability Company, Plaintiff - Appellee, v. SUNGLASS INTERNATIONAL, LLC, a Hawaii Limited Liability Company, Defendant, and DOYLE BETSILL, an individual, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cv-05345-AHM-PLA MEMORANDUM Appeal from the United States District Court for the Central District of California
A. Howard Matz, District Judge, Presiding
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Doyle Betsill appeals pro se from the district court's summary judgment for Sphear Investments, LLC in Sphear's diversity action for breach of contract. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001). We affirm.
The district court properly granted summary judgment because Sphear established that there is no genuine dispute of material fact as to Betsill's liability under the lease. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986) (a party may prevail at summary judgment by showing that there is an absence of evidence supporting the nonmoving party's case).
The district court did not abuse its discretion in denying Betsill's post-judgment "Request for Order Permitting Defendant to Participate in the CM/ECF Electronic Filing System and to Receive a Log/Password for that Purpose." See Preminger v. Peake, 552 F.3d 757, 769 n.11 (9th Cir. 2008) (reviewing for an abuse of discretion the district court's decisions regarding management of litigation).
We reject Betsill's contentions concerning the allegedly improper service of Sphear's motion for summary judgment and the district court's failure to provide Rand notice or educate Betsill about the electronic filing system.
AFFIRMED.