Toney A. Johnson v. James Rowland, Director, L.C. Gunn L. Murcavitch

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Toney A. JOHNSON, Plaintiff-Appellant, v. James ROWLAND, Director, Defendant, L.C. Gunn; L. Murcavitch, Defendants-Appellees. No. 92-16854. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1994. * Decided May 2, 1994. 1 Before: NORRIS and O'SCANNLAIN, Circuit Judges; COUGHENOUR, ** District Judge. 2 MEMORANDUM *** 3 Toney Johnson appeals the district court's dismissal under Federal Rule of Civil Procedure 41(b) of his section 1983 suit against prison officials. 4 * In deciding whether to dismiss a complaint for failure to comply with a court order, the district 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; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions." Malone v. United States Postal…