NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: RIORDAN J. ZAVALA, also known No. 16-55561
as Riordan J. Zavala, Esq. also known as
Law Offices of Riordan J. Zavala, D.C. No. 8:14-cv-01489-JLS
Debtor.
MEMORANDUM*
RIORDAN J. ZAVALA,
Appellant,
v.
GEORGE A. SHARP,
Appellee.
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Chapter 7 debtor Riordan J. Zavala appeals pro se from the district court’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
order dismissing his bankruptcy appeal for failure to prosecute. We have
jurisdiction under 28 U.S.C. § 158(d) and 1291. We review for an abuse of
discretion, Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir.
1994), and we affirm.
The district court did not abuse its discretion by dismissing Zavala’s appeal
for failure to prosecute, after granting two extensions of time to file an opening
brief, warning that no further extensions would be granted, and providing an
opportunity for Zavala to respond to an order to show cause prior to dismissal. See
id. at 1451-56 (discussing factors to weigh in determining whether to dismiss for
failure to prosecute; noting that “[a] reviewing court will give deference to the
district court to decide what is unreasonable because it is in the best position to
determine what period of delay can be endured before its docket becomes
unmanageable” (citations omitted)); see also Fed. R. Bankr. P. 8018(a)(4)
(permitting district court to dismiss a bankruptcy appeal on its own motion, after
notice, if an appellant fails to file a timely brief).
AFFIRMED.
2 16-55561