Larry W. Kirk v. B. McDormott

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry W. KIRK, Plaintiff-Appellant, v. B. McDORMOTT, et al., Defendants-Appellants. No. 94-16158. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided Feb. 28, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Larry Kirk appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to file a timely pretrial statement, pursuant to Fed.R.Civ.P. 16(f) and Local Rule 110 for the United States District Court for the Eastern District of California. 3 We review the district court's dismissal pursuant to Fed.R.Civ.P. 16(f) for abuse of discretion. Thompson v. Housing Authority of City of Los Angeles, 782 F.2d 829, 831 (9th Cir.), cert. denied, 479 U.S. 829 (1986). Failure to comply with pretrial procedures is a proper ground for dismissal. Id. The district court abuses its discretion when it bases its decision…