Case Explained: WICHMAN V. CITY OF SAN LUIS OBISPO, ET AL.

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-06-04

Docket: 2:22-cv-03156-DMG-RAO

The Ninth Circuit affirmed the district court’s grant of motions to dismiss the plaintiff’s second amended complaint. The appellate court held that the district court did not abuse its discretion in dismissing the action because the plaintiff failed to file a timely opposition to the motions as required by Local Rule 7-9 of the Central District of California. The court applied the abuse of discretion standard of review, noting that it questions the application of local rules only in rare cases. Although the court acknowledged that pro se litigants are afforded some leeway, it determined that such accommodation has limits. The plaintiff had previously been granted an extension to oppose the motions and had received a specific warning from the district court that further failure to respond timely would result in dismissal with prejudice. Because the plaintiff failed to comply with these rules despite the prior warning, the appellate court found no basis to overturn the district court’s decision. The practical consequence is that the dismissal of the civil rights action stands, and the case remains closed with prejudice.

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