NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 19 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PERRY JOHNSON, No. 18-55051

Plaintiff-Appellant, D.C. No. 8:16-cv-01085-AG-KES

v.

MEMORANDUM*

SELENE FINANCE, LP; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding

Submitted March 12, 2019**

Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

Perry Johnson appeals from the district court’s order dismissing his action

alleging federal and state law claims arising out of foreclosure proceedings. We

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

dismissal for failing to comply with court orders, In re Phenylpropanolamine

* 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). (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006), and we affirm.

The district court did not abuse its discretion in dismissing Johnson’s action

because Johnson failed to comply with the district court’s scheduling orders and

the relevant factors favored dismissal. See id. at 1226-29 (discussing the five

factors a district court must weigh in deciding whether to dismiss a case for failure

to comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th

Cir. 1992) (although preferred, the district court is not required to make explicit

findings; this court may review the record independently to determine if the district

court has abused its discretion).

AFFIRMED.

2 18-55051