Joseph Huerta v. Donald D. Atkinson, Sr., Aka: Donald Dale Atkinson, Sr. Does 1-10

Good Law
76 F.3d 386·1996 WL 30288·1996 U.S. App. LEXIS 7155
United States Court of Appeals for the Ninth CircuitJanuary 25, 199694-56733California487 words

Opinion

Opinion

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph HUERTA, Plaintiff-Appellant, v. Donald D. ATKINSON, Sr., aka: Donald Dale Atkinson, Sr.; Does 1-10, Defendants-Appellees. No. 94-56733. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 25, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Joseph Huerta appeals pro se the district court's dismissal of his action pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review for abuse of discretion a district court's order dismissing an action for lack of prosecution. West Coast Theater Corp. v. City of Portland, 897 F.2d 1519, 1523 (9th Cir.1990). "In determining whether to dismiss an action for lack of prosecution, the district court is required to weigh several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage…

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