Magarian

MEMORANDUM *

Glenn A. Magarian appeals an order of the district court dismissing his case and imposing sanctions for tampering with evidence produced in discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A dismissal pursuant to the district court’s inherent power and under Fed. R.Civ.P. 37 is reviewed for an abuse of discretion. Valley Eng’rs Inc. v. Elec. Eng’g Co., 158 F.3d 1051, 1052 (9th Cir. 1998); Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 348 (9th Cir.1995). The district court’s discretion will not be disturbed absent a “definite and firm conviction that the court committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir.1997). The court’s factual findings may not be set aside unless clearly erroneous, and its credibility determinations are accorded special deference. Anheuser-Busch, 69 F.3d at 348 .

The district court’s finding that Magarian edited the videotapes he produced during discovery was not clearly erroneous. 1 Contrary to Magadan’s contention, the district court did not erroneously rely on the lack of an express…