Chachoua
Chachoua v. Daar
Opinion
Lead Opinion
*258 MEMORANDUM **
Appellant Samir Chaehoua appeals the dismissal of his case with prejudice under Fed.R.Civ.P. 41(b) and several interlocutory rulings. We affirm the dismissal and do not consider Chachoua’s other claims because the dismissal was proper, foreclosing review of interlocutory rulings.
A dismissal under Fed.R.Civ.P. 41(b) is reviewed for abuse of discretion. Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir.1996). “The trial court’s dismissal will only be disturbed if there is a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” Pagtalunan v. Galaza, 291 F.3d 639, 640-41 (9th Cir.2002) (internal quotation marks omitted).
This court weighs five factors to decide whether dismissal for failure to prosecute or comply with a court order is proper. Id. at 642 . They are: “(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 defendants/respondents; (4) the availability of less drastic alternatives; and (5) the public policy favoring disposition of cases on their merits.” Id. There…