Cooper

MEMORANDUM **

Bobby K. Cooper appeals the district court’s dismissal of his case with prejudice for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court’s sua sponte dismissal of a case for failure to prosecute is reviewed for abuse of discretion, Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir.1992), and will be overturned “only if we have a definite and firm conviction that it was clearly outside the acceptable range of sanctions.” Malone v. United States Postal Serv., 833 F.2d 128, 130 (9th Cir.1987). While we have advised courts to consider five factors prior to involuntarily dismissing the case, see Thompson v. Hous. Auth., 782 F.2d 829, 831 (9th Cir.1986), the two decisive factors in cases involving sua sponte dismissals are the failure to warn and the consideration of less drastic alternatives, see Oliva, 958 F.2d at 274 .

Here, on April 3, 2000, the district court expressly and unambiguously warned Cooper of imminent dismissal if, thereafter, he failed to comply with any court orders. That same day, the court ordered Cooper to be ready to begin the trial on May 2, 2000. Despite the warning, Cooper was not ready to try the…