Willie Arthur Gaines v. Timothy B. Hughes Richard K. Rainey

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Willie Arthur GAINES, Petitioner-Appellant, v. Timothy B. HUGHES; Richard K. Rainey, Respondents-Appellees. No. 91-15695. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 19, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Willie Arthur Gaines, a California state prisoner, appeals pro se the district's dismissal of his civil rights action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). The district court dismissed the action on the first day of trial on the ground that Gaines was belligerent and refused to proceed to trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand. 3 We review a district court's dismissal of an action for failure to prosecute for abuse of discretion. West Coast Theater Corp. v. City of Portland, 897 F.2d 1519, 1523 (9th Cir.1990). "In determining whether to dismiss an action for…