U.S. Court of Appeals for the Ninth Circuit, 2014

Lee v. Los Angeles Unified School District

Lee v. Los Angeles Unified School District
U.S. Court of Appeals for the Ninth Circuit · Decided May 29, 2014 · Bea, Clifton, Watford
577 F. App'x 646

Lee v. Los Angeles Unified School District

Opinion

MEMORANDUM **

Richard E. Lee appeals pro se from the district court’s judgment dismissing his employment action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to prosecute, Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996), and we affirm.

The district court did not abuse its discretion by dismissing Lee’s action -with prejudice for failure to prosecute in light of Lee’s failure to file pretrial documents and appear at the pretrial conference, even after the court previously granted Lee three continuances and warned him that his action would be dismissed with prejudice if he was not ready to go to trial. See id. at 1384-85 (discussing factors to guide the court’s decision whether to dismiss for failure to prosecute).

Because we affirm the district court’s dismissal for failure to prosecute, we do not consider Lee’s challenges to the district court’s interlocutory orders. See id. *647 at 1386 (“[Ijnterlocutory orders, generally appealable after final judgment, are not appealable after a dismissal for failure to prosecute[.]”).

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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