Martin Cicalla, Jr. v. Donna Rogers

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 30 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARTIN ANTHONY CICALLA, Jr., No. 23-16014

Plaintiff-Appellant, D.C. No. 2:20-cv-01999-DAD-AC v.

DONNA G. ROGERS; ESTATE OF LEON MEMORANDUM*

ROGERS; PROJECT X IT PTY LTD.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Submitted April 22, 2025**

Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges.

Martin Anthony Cicalla, Jr. appeals pro se from the district court’s judgment

dismissing his diversity action alleging breach of contract under California law.

We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of

discretion a dismissal for failure to prosecute, Al-Torki v. Kaempen, 78 F.3d 1381,

* 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.…