U.S. Court of Appeals for the Ninth Circuit, 2013

Jonathan McAllister, Sr. v. Preston

Jonathan McAllister, Sr. v. Preston
U.S. Court of Appeals for the Ninth Circuit · Decided August 5, 2013 · Alarcón, Clifton, Callahan
536 F. App'x 751

Jonathan McAllister, Sr. v. Preston

Opinion

MEMORANDUM. **

Jonathan McAllister, Sr., an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing for failure to comply with a court order his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing McAllister’s action without prejudice after McAllister failed to comply with the district court’s March 12, 2012 order to show cause in a timely manner. See id., 291 F.3d at 642-43 (discussing factors for dismissal under Fed. R.Civ.P. 41(b) and affirming dismissal where three out of five factors supported it).

Because we affirm the district court’s dismissal under Rule 41(b), we do not consider McAllister’s challenges to the district court’s interlocutory orders. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996).

AFFIRMED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.