Opinion
No. 10-56399 D.C. No. 2:08-cv-07213-SJO-JTL
01-09-2012
MICHAEL B. MYERS; et al., Plaintiffs - Appellants, v. MAILBOX IT STORES OF AMERICA, INC.; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Michael B. Myers, Jeannette A. Myers, and Sanjeev Subherwal appeal pro se from the district court's order dismissing their diversity action for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court's sua sponte dismissal for failure to prosecute. Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992). We affirm.
The district court did not abuse its discretion in dismissing the action for failure to prosecute after giving appellants warnings that failure to appropriately respond to its orders to show cause could lead to dismissal. See id.; Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (listing factors to guide the court's decision whether to dismiss for failure to prosecute).
Appellants' remaining contentions are unpersuasive.
AFFIRMED.