Bryant
Bryant v. Diller
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,…