NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CONSTANTINO BASILE, No. 18-16332
Plaintiff-Appellant, D.C. No. 2:15-cv-01883-RFB-VCF
v.
MEMORANDUM*
SOUTHWEST AIRLINES COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Richard F. Boulware II, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Constantino Basile appeals pro se from the district court’s judgment
dismissing for failure to comply with a court order to submit to a medical
examination under Federal Rule of Civil Procedure 35 his diversity action alleging
defamation. We have jurisdiction under 28 U.S.C. § 1291. We review for an
*
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).
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 Basile’s action
after Basile failed to comply with a court order. See Ferdik v. Bonzelet, 963 F.2d
1258, 1260-61 (9th Cir. 1992) (discussing factors to be considered before
dismissing a case for failure to comply with a court order and stating that a district
court’s dismissal should not be disturbed absent “a definite and firm conviction”
that it “committed a clear error of judgment” (citations and internal quotation
marks omitted)).
Because we affirm the district court’s dismissal of Basile’s action for failure
to comply with a court order, we do not consider his challenges to the district
court’s interlocutory orders. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th
Cir. 1996) (“[I]nterlocutory orders, generally appealable after final judgment, are
not appealable after a dismissal for failure to prosecute, whether the failure to
prosecute is purposeful or is a result of negligence or mistake.” (citation and
internal quotation marks omitted)).
Basile’s motion to transmit exhibits (Docket Entry No. 3) is denied as
unnecessary.
AFFIRMED.
2 18-16332