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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)

Citation
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Parent Document
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Effective Date
2004-01-26

Other Sections in This Document (51)

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In Yourish, we upheld the Rule 41(b) dismissal, stating that, "[u]nder Ninth Circuit precedent, when a plaintiff fails to amend his complaint after the district court dismisses the complaint with leave to amend, the dismissal is typically considered a dismissal for failing to comply with a court order rather than for failure to prosecute a claim." Id. At the same time, we noted that "[t]his approach is somewhat problematic because a plaintiff's failure to amend a complaint is not easily described as disobeying a court order[,] because the plaintiff has the right simply to allow the complaint to be dismissed." Id. n. 4.