Bryant

Bryant v. Diller

Good Law
36 F. App'x 641
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-56755; D.C. No. CV-00-00288-AHMCalifornia287 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Bryant appeals the district court’s dismissal of his complaint under Fed.R.Civ.P. 41(b) for failure to comply with the court’s pretrial orders. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s dismissal under Fed.R.Civ.P. 41(b) for an abuse of discretion. Yourish v. California Amplifier, 191 F.3d 983, 989 (9th Cir.1999). Because dismissal is a harsh penalty, the *642 district court must consider five factors before resorting to the sanction of dismissal: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.” Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). We will affirm a dismissal sanction “where at least four factors support dismissal, ... or where at least three factors ‘strongly support dismissal.” Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir.1998) (internal citations omitted).

The district court found that factors (1)-(3) and (5) supported dismissal in this case,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.