Carmen Campbell v. Jules Perley

FILED NOT FOR PUBLICATION JUL 13 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CARMEN E. CAMPBELL, No. 11-56558 Plaintiff - Appellant, D.C. No. 2:09-cv-09182-RGK- MAN v. JULES M. PERLEY, MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Carmen E. Campbell appeals pro se from the district court’s order dismissing her medical malpractice action for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, * 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). Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996), and we affirm. The district court did not abuse its discretion in dismissing Campbell’s action because it had been pending for more than a year and Campbell failed to file an adequate response to the court’s order to show cause why it should not be dismissed for lack of prosecution. See id. at 1384-85 (discussing factors to guide the court’s decision and affirming dismissal for failure to prosecute). Campbell’s remaining contentions are unpersuasive. AFFIRMED. 2 11-56558