Senator
Senator v. Gordon
Opinion
Lead Opinion
MEMORANDUM **
Bruce Senator, a former California state prisoner, appeals pro se the Fed.R.Civ.P. 41(b) dismissal without prejudice of his action against prison officials under 42 U.S.C. § 1983 . He contends that the district court erred in dismissing the action for his failure to obey an order regarding service of his complaint because prison officials confiscated all of his legal materials, and so he never received the district court’s order. We vacate the district court’s judgment.
We review for an abuse of discretion the dismissal of an action for failure to obey a court order. Edwards v. Marin Park, Inc., 356 F.3d 1058, 1063 (9th Cir.2004). “Dismissal under Rule 41(b) is a sanction, to be imposed only in extreme circumstances.” Id. (quotations omitted). The district court must consider five factors: “(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 *228 drastic alternatives.” Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir.1999) (quotations omitted).