Peele

Peele v. Colinas De Capistrano Homeowners Ass'n

Good Law
12 F. App'x 586
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-56126; D.C. No. CV-99-00696-AHSCalifornia211 words

Opinion

Lead Opinion

MEMORANDUM **

Irving Peele appeals pro se the district court’s judgment dismissing his action for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a dismissal for failure to prosecute, see W. Coast Theater Corp. v. City of Portland, 897 F.2d 1519 , 1523 (9th Cir.1990), and we affirm.

The district court did not abuse its discretion by dismissing the action for failure to prosecute because the district court considered all relevant factors and provided Peele warning that it was considering dismissal of his action. See id.

*587 Peele’s contention that the district court abused its discretion by failing to extend the time for service is without merit because absent good cause, the district court is not required to extend the time for service. See De Tie v. Orange County, 152 F.3d 1109 , 1111 n. 5 (9th Cir.1998).

The district court properly considered the strength of Peele’s case before dismissing the action. See McHenry v. Ren-ne, 84 F.3d 1172 , 1178-79 (9th Cir.1996).

Peele’s remaining contentions are without merit.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts…

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