Everett

868 F.2d 1272 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Burnell Lee EVERETT, Plaintiff-Appellant, v. UNITED STATES GENERAL SERVICES ADMINISTRATION, Defendant-Appellee. No. 88-5955. United States Court of Appeals, Ninth Circuit. Submitted Feb. 6, 1989. * Decided Feb. 8, 1989. Before WALLACE, FARRIS, and BEEZER, Circuit Judges. MEMORANDUM 1 Everett appeals pro se from the district court's dismissal with prejudice of his action for failure to prosecute. We reverse. 2 We review the dismissal for an abuse of discretion. Link v. Wabash Railroad, 370 U.S. 626, 633 (1962). We test for abuse pursuant to the five factors described in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir.1987). Where, as here, the district court does not make findings on these factors, we review the record to determine whether they are met. United States for the use of Wiltec Guam v. Kahaluu Construction, 857 F.2d 600, 603 (9th Cir.1988). 3 The record does…