Brian K. Johnson v. ELDON VAIL, Secretary;

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NOT FOR PUBLICATION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
BRIAN K. JOHNSON,
Plaintiff - Appellant,
v.
ELDON VAIL, Secretary; et al.,
Defendants - Appellees.
No. 09-35498
D.C. No. 3:08-cv-05654-FDB
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Franklin D. Burgess, District Judge, Presiding
Submitted September 22, 2010**
Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.
The district court did not abuse its discretion by dismissing Brian K.
Johnson’s (“Johnson”) action for failure to file an opposition to defendants’ motion
to dismiss. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam)
(listing factors to be considered before dismissing an action for failure to comply
FILED
SEP 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-35498 2
with local rules, and explaining that we review the record independently when the
district court does not expressly consider these factors); see also W.D. Wash. R.
7(b)(2) (“If a party fails to file papers in opposition to a motion, such failure may
be considered by the court as an admission that the motion has merit.”).
Moreover, Johnson has waived any challenge to the district court’s dismissal
because he has not addressed it on appeal. See Cook v. Schriro, 538 F.3d 1000,
1014 n.5 (9th Cir. 2008) (explaining that issues not raised on appeal are deemed
abandoned).
Johnson’s remaining contentions are unpersuasive.
AFFIRMED.

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