Opinion
The panel unanimously finds this case suitable for decision without oral argument and denies Benoist's request for 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NOT FOR PUBLICATION.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 Raner C. Collins, District Judge, Presiding.
Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.
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 9th Cir. R. 36-3.
Noel T. Benoist appeals pro se the order of the district court dismissing his action pursuant to Fed.R.Civ.P. 41(b) for failure to comply with a prior order to proceed to contractual arbitration. Because the district court clearly intended its May 3, 1999 order to operate as a final adjudication, we have jurisdiction pursuant to 28 U.S.C. § 1291. See Nevada v. Burford, 918 F.2d 854, 855 (9th Cir.1990). We review for abuse of discretion, see Al- Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir.1996), and
Page 641.
affirm for the reasons stated by the district court in its May 3, 1999 order.
AFFIRMED.