St. Michael Balzarini v. R.G. Borg

Good Law
976 F.2d 736·1992 WL 231064·1992 U.S. App. LEXIS 34316
United States Court of Appeals for the Ninth CircuitSeptember 18, 199291-16727California1,107 words

Opinion

Opinion

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. St. Michael BALZARINI, Plaintiff-Appellant, v. R.G. BORG, et al., Defendants-Appellees. No. 91-16727. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 18, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 St. Michael Balzarini, a California state prisoner, appeals pro se the district court's dismissal of his civil rights action. We review the district court's dismissal for failure to follow a court order for an abuse of discretion, Eldridge v. Block, 832 F.2d 1132, 1136 (9th Cir.1987), and we affirm. 1 3 The district court may dismiss an action under Rule 41(b) if the plaintiff fails to follow a court order. Fed.R.Civ.P. 41(b). Before dismissal, however, the court must weigh five factors: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants;…

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