Humbarger v. Daioh Intern.

Full title: Roger HARRIS, Humbarger; Carolyn Jean, Humbarger; Jessica Ashley Mae…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 18, 1998

145 F.3d 1338 (9th Cir. 1998)

Opinion

145 F.3d 1338 (9th Cir. 1998) Roger HARRIS, Humbarger; Carolyn Jean, Humbarger; Jessica Ashley Mae, Humbarger, by Roger Harris, Humbarger, her guardian ad litem, Plaintiff-Appellant, v. Daioh International, USA Corporation; Sho G. Dozono, in private capacity; Lloyd Tanaka, in private capacity; Oregon Golf Club, as a person; American Golf Corp., as a person; Scott Anthony Santiani, in private capacity; Janice Domonique Silverton, in private capacity; Lori Lynn Ohno, in private capacity; Brent Matthew Glass, in private capacity; the Tadamasa Ohno Irrevocable Trust No. 1, as a person by & through Trustee Sho G. Dozono; Susan K. Hammond, in private capacity; Terence J. Yamada, in private capacity; Stephen L. Mauer, in private capacity; Raymond R. Bagley, in private capacity; Robert J. Morgan, in private capacity, Defendants-Appellees. No. 97-36012. D.C. No. CV-97-00176-JMS. United States Court of Appeals, Ninth Circuit May 18, 1998

Submitted May 14, 1998 ^**

** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Oregon James A. Redden, District Judge, Presiding.

Before SCHROEDER, TROTT and FERNANDEZ, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

The Humbargers appeal pro se the district court's dismissal of their action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). Our review is for abuse of discretion, see Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court did not abuse its discretion by dismissing this action for failure to prosecute when the Humbargers failed to file an amended complaint within the time specified by the district court, despite the district court's warning that failure to do so would result in the dismissal with prejudice of this case, and a further warning in an order to show cause. See id.

We reject the Humbargers' allegation that the magistrate judge lacked jurisdiction to issue a recommendation to the district court, nor were the Humbargers entitled to a default judgment.

AFFIRMED.