Dean M. Rieck v. Robert Borg, Warden at Folsom State Prison

51 F.3d 282 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dean M. RIECK, Plaintiff-Appellant, v. Robert BORG, Warden at Folsom State Prison, Defendant-Appellee. No. 94-15645. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 4, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Dean M. Rieck appeals pro se the district court's dismissal of his action for failure to comply with a court order to participate in his deposition. We construe the district court's dismissal as one under Federal Rules Civil Procedure 41(b) and review for abuse of discretion. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 113 S.Ct. 321 (1992). We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate and remand. 3 A district court may, pursuant to Fed.R.Civ.P. 41(b) dismiss an action for failure to comply with a court order. Id. Ordinarily, the district court must weigh five factors…