Opinion
No. 18-16641
08-27-2019
DAVID STEVEN BRAUN, Plaintiff-Appellant, v. YAHOO! INC., Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 5:17-cv-06294-SVK MEMORANDUM Appeal from the United States District Court for the Northern District of California
Susan van Keulen, Magistrate Judge, Presiding Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
David Steven Braun appeals pro se from the district court's order dismissing his diversity action alleging issues with his Yahoo e-mail account. 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) for failure to comply with a court order. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). We affirm.
The district court did not abuse its discretion by dismissing Braun's action because Braun failed to file a second amended complaint, or to explain why he did not do so, as ordered. See Ferdik, 963 F.2d 1258, 1260-61; see also Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing the authority of a court to dismiss sua sponte under Rule 41(b)).
Braun's contentions regarding his right to appointment of counsel in the district court and the lack of finality of the district court's order are unpersuasive.
AFFIRMED.