Robert Gussie v. Bank of America, N.a.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT GUSSIE,
Plaintiff - Appellant,
v.
BANK OF AMERICA, N.A.,
Defendant - Appellee.
No. 12-56116
D.C. No. 3:12-cv-00705-JAH-
BGS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judge.
Robert Gussie appeals pro se from the district court’s judgment dismissing
his foreclosure action for failure to comply with the local rules. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion,
Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam), and we affirm.
FILED
DEC 31 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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The district court did not abuse its discretion by dismissing Gussie’s action
because Gussie failed to file an opposition within the time required by the local
rules, and the balance of factors favored dismissal. See S.D. Cal. Civ. R. 7.1.e.2
(stating that parties must file an opposition fourteen calendar days before the
noticed hearing); Ghazali, 46 F.3d at 53-54 (listing the factors to be weighed
before dismissing an action for failure to follow the local rules, noting that pro se
litigants are bound by the rules, and affirming the dismissal of a pro se prisoner’s
civil rights action for failure to file a timely opposition to defendant’s motions to
compel and to dismiss).
We reject Gussie’s contentions that the clerk mistakenly closed his case file
before the judge reviewed it, that he had an unspecified agreement with opposing
counsel to extend the time to file his opposition, and that defendant removed the
case to federal court to make things difficult for him.
We do not consider the letters submitted by a non-party to this action,
received on August 23, 2013, September 11, 2013, and December 12, 2013.
AFFIRMED.
12-56116 2

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