FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-56881
Plaintiff - Appellee, D.C. No. 2:04-cv-06586-GHK-
AJW
v.
4820 HEAVEN AVENUE, WOODLAND MEMORANDUM *
HILLS, CALIFORNIA, the premises
known as, and several other premises
searched,
Defendant,
and
FRANK S. CLEMENT, AKA Frank
Clement,
Claimant - Appellant.
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Frank S. Clement, a California state prisoner, appeals pro se from the district
court’s order dismissing for failure to prosecute his petition seeking the return of
property. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We
vacate and remand.
The district court dismissed Clement’s action sua sponte for failure to
prosecute, but the docket reflects that the delay in prosecution was the result of the
district court’s failure to make any ruling on Clement’s petition. Accordingly, we
vacate and remand for further proceedings.
Clement’s remaining contentions are unpersuasive.
Clement shall bear his costs on appeal.
VACATED and REMANDED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2 09-56881