Acker v. Dishmond

Full title: Christina Jay ACKER, Plaintiff--Appellant, v. DISHMOND, Disciplinary…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 20, 2002

31 F. App'x 383 (9th Cir. 2002)

Opinion

31 Fed.Appx. 383 (9th Cir. 2002) Christina Jay ACKER, Plaintiff--Appellant, v. DISHMOND, Disciplinary Coordinator, Defendant, and Troy West, Disciplinary Appeals Officer; et al., Defendants--Appellees. No. 00-16225. D.C. No. CV-93-01650-ROS(MS). United States Court of Appeals, Ninth Circuit. February 20, 2002

Submitted February 11, 2002 ^*.

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and TALLMAN, 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 may be provided by Ninth Circuit Rule 36-3.

Christina Jay Acker, an Arizona state prisoner, appeals pro se the district court's judgment dismissing her 42 U.S.C. § 1983 action for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion the district court's dismissal for failure to prosecute pursuant to Fed.R.Civ.P. 41(b), Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

Because the district court considered all the relevant factors, including Acker's three year failure to comply with a court order to file a pretrial statement, the district court did not abuse its discretion by granting defendants' motion to dismiss for failure to prosecute. See Moneymaker v. CoBen ( In re Eisen), 31 F.3d 1447, 1451-56 (9th Cir.1994).

Acker's remaining contentions lack merit.

Acker's "Motion to Order Adversary to Copy Entire Case File" is denied.

AFFIRMED.