Ronald Vertin v. Terry Goddard

MEMORANDUM

Ronald L. Vertin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with the civil forfeiture of his property. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s dismissal for failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002). We reverse and remand.

The district court issued an order to show cause (“OSC”) as to why Vertin’s action should not be dismissed for failure to serve defendants in a timely manner. Before the OSC deadline, Vertin filed service documents that he apparently thought constituted a sufficient response. However, the district court dismissed for failure to comply with the OSC without analysis, further opportunity to respond, or exploration of less harsh alternatives. Under these circumstances, we conclude that dismissal was an abuse of discretion. See id. at 642-43 & n. 4 (listing factors to consider before dismissing for failure to comply with a court order and explaining that less drastic alternatives must be pursued after disobedience); Oliva v. Sullivan, 958…