John Shek v. Children Hospital Research Cen

Good Law
592 F. App'x 570
United States Court of Appeals for the Ninth CircuitJanuary 30, 201513-17032California236 words

Opinion

Opinion

MEMORANDUM

John Shek appeals pro se from the district court’s judgment dismissing his employment action alleging various federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the district court’s dismissal for' failure to comply with a court order, In re Phenylpropanolamine (PPA) Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir.2006), and we affirm.

The district court did not abuse its discretion by dismissing Shek’s action for failing to comply with its July 10, 2013 order because at least three of the five relevant factors weighed in favor of dismissal. See id. (discussing the five factors for determining whether to dismiss for failure to comply with a court order, and noting that dismissal should not be disturbed absent “a definite and firm conviction that it was clearly outside the acceptable range of sanctions” (citations and internal quotation marks omitted)). Because we affirm on this basis, we do not address the parties’ contentions concerning alternative grounds for dismissal.

We reject Shek’s contentions concerning judicial bias.

We do not consider matters not specifically and distinctly raised and argued in the…

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