Peter Palmer v. Glenn Savona

Good Law
471 F. App'x 810
United States Court of Appeals for the Ninth CircuitMarch 15, 201211-15486California294 words

Opinion

Opinion

MEMORANDUM

Peter Michael Palmer appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging malicious prosecution and abuse of process for failure to comply with court orders and failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Ferdik v. Bonzelet, 963 F.2d 1258 , 1260 (9th Cir.1992) (failure to comply with court orders); Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (failure to prosecute). We affirm.

The district court did not abuse its discretion in dismissing the action without prejudice because Palmer failed to respond to its order requiring him to provide information to the clerk’s office necessary to effectuate service of process, failed to respond to the court’s order to show cause, and failed to appear at the show cause hearing. See Ferdik, 963 F.2d at 1260-61 (listing factors to consider); Malone v. U.S. Postal Serv., 833 F.2d 128, 132-33 (9th Cir.1987) (consideration of alternative sanctions can include a warning that failure to comply with court order could lead to dismissal); Ash v. Cvetkov, 739 F.2d 493, 496-97 (9th Cir.1984) (dismissal for lack of prosecution was…

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