IAN A. McELROY v. City of Corvallis, a Municipal Corporation of the State of Oregon;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IAN A. McELROY,
Plaintiff - Appellant,
v.
CITY OF CORVALLIS, a Municipal
Corporation of the State of Oregon; et al.,
Defendants - Appellees.
No. 09-35151
D.C. No. 6:00-cv-06318-HO
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Ian A. McElroy appeals pro se from the district court’s judgment dismissing
his action as a sanction under Federal Rule of Civil Procedure 37(b) for failure to
comply with discovery orders. We have jurisdiction under 28 U.S.C. § 1291. We
FILED
JUL 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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review for an abuse of discretion. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th
Cir. 1997). We affirm.
The district court did not abuse its discretion by dismissing the action after
finding that McElroy’s failure to comply with its discovery orders indicated
willfulness and bad faith and after properly considering the pertinent factors for
determining whether to dismiss under Rule 37. See id. at 507-08.
McElroy’s remaining contentions are unpersuasive.
McElroy’s request for judicial notice is granted.
AFFIRMED.

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