NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 27 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HARRY J. WILLIBY, No. 18-17328
Plaintiff-Appellant, D.C. No. 3:18-cv-05986-JST
v.
MEMORANDUM*
ALPHABET INC., DBA Blogger, DBA
Google Adsense, DBA Google, Inc., DBA
YouTube, LLC; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Harry J. Williby appeals pro se from the district court’s order dismissing his
action alleging federal and state law claims in connection with the operation of his
YouTube channels. We have jurisdiction under 28 U.S.C. § 1291. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Williby’s request for oral
argument, set forth in the opening brief, is denied.
an abuse of discretion a dismissal under Fed. R. Civ. P. 41(b). Ferdik v. Bonzelet,
963 F.2d 1258, 1260 (9th Cir. 1992). We affirm.
The district court did not abuse its discretion by dismissing Williby’s action
because Williby failed to cure the deficiencies in his complaint, as ordered. See id.
at 1260-63 (setting forth factors for determining whether a pro se action should be
dismissed under Rule 41(b) and requiring a definite and firm conviction that the
trial court committed a clear error of judgment in order to overturn such a
dismissal).
Williby’s contention that Judge Tigar should have recused himself is
unpersuasive.
Williby’s motion for judicial notice, or in the alternative, to supplement the
record on appeal, is denied as unnecessary.
AFFIRMED.
2 18-17328