U.S. Court of Appeals for the Ninth Circuit, 2010

Lakusta v. Evans

Lakusta v. Evans
U.S. Court of Appeals for the Ninth Circuit · Decided April 20, 2010 · Rymer, McKeown, Paez
376 F. App'x 798

Lakusta v. Evans

Opinion

MEMORANDUM **

Alexis Mager Lakusta appeals pro se from the district court’s order dismissing his appeal from the bankruptcy court’s order denying his motion to compel abandonment of certain legal claims. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s dismissal under Federal Rule of Civil Procedure 41(b), Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002), and we affirm.

The district court did not abuse its discretion by dismissing the action because Lakusta failed to file his opening brief after the district court had previously explored less drastic alternatives and warned Lakusta that failure to comply with the court’s orders would result in dismissal. See id. at 642 (outlining factors to consider before dismissing a claim for failure to prosecute).

Lakusta’s remaining contentions are unpersuasive.

Evans’s request for sanctions is denied.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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