Clation

Clation v. CDC Transportation Officers

Good Law
124 F. App'x 504
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 04-16298; D.C. No. CV-03-6807-AWI(DLB)California296 words

Opinion

Lead Opinion

MEMORANDUM **

Tyrone Clation, a California state prisoner, appeals pro se the dismissal of his action under 42 U.S.C. § 1983 for failure to obey an order to file an amended complaint and failure to state a claim. Clation contends that physical and mental impairments prevent him from understanding and participating in court proceedings. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review for an abuse of discretion the dismissal under Fed.R.Civ.P. 41(b) of an action for failure to obey a court order. Edwards v. Marin Park, Inc., 356 F.3d 1058, 1063 (9th Cir.2004). In dismissing, 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 drastic alternatives.” Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999) (quotations omitted).

*505 Clation appears to contend that his impairments prevented him from obeying the magistrate judge’s order to file an amended complaint. Nonetheless, he filed motions for…

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