Maciel

Maciel v. Palmer

Good Law
271 F. App'x 577
United States Court of Appeals for the Ninth CircuitMarch 24, 2008No. 06-17258California369 words

Opinion

Lead Opinion

MEMORANDUM **

James D. Maciel, a California state prisoner, appeals pro se from the district court’s judgment dismissing his civil rights action for non-compliance with the district court’s discovery order. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s dismissal for failure to comply with court orders for an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002). We affirm.

The district court did not abuse its discretion by dismissing Maciel’s action for failure to comply with the discovery order because Maciel had many opportunities to comply but willfully failed to do so, even after the district court warned Maciel that his non-compliance could result in the dismissal of his action. See id. at 641^14 (setting forth five factors to be weighed in determining whether to dismiss a claim for failure to comply with court order).

The district court did not abuse its discretion by denying Maciel’s motions to stay the proceedings because Maciel provided no justification for a stay, and the district court’s assessment of the evidence was not clearly erroneous. See Dependable Highway Express, Inc. v. Navigators Ins. Co., 498 F.3d 1059,…

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