Charles Davis v. D. Calvin

FILED
NOT FOR PUBLICATION OCT 04 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

CHARLES T. DAVIS, No. 09-16655

Plaintiff - Appellant, D.C. No. 2:07-cv-01383-FCD-
EFB
v.

D. CALVIN, C/O; et al., MEMORANDUM *

Defendants - Appellees.

Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding

Submitted September 22, 2010 **

Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.

The district court did not abuse its discretion by dismissing Charles T.

Davis’s (“Davis”) action under Federal Rule of Civil Procedure 41(b) after

warning Davis to comply with its order to appear at his deposition and weighing

the pertinent factors. See Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir.

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2002) (discussing factors that courts must consider in determining whether to

dismiss for failure to prosecute or failure to comply with a court order).

Because we affirm the district court’s dismissal under Rule 41(b), we do not

consider Davis’s challenges to the district court’s interlocutory orders. See

Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996).

AFFIRMED.

2 09-16655