a presumption of prejudice arises from a plaintiffs failure to prosecute or from an unreasonable delay
How later courts described this case
- a presumption of prejudice arises from a plaintiffs failure to prosecute or from an unreasonable delay
- setting forth factors for determining whether to dismiss for failure to prosecute or to comply with a court order
Written by the judges who cited it.
The opinion
FILED
NOT FOR PUBLICATION NOV 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KANG-SHEN CHEN, an individual, No. 13-56592
Plaintiff - Appellant, D.C. No. 8:12-cv-02182-R-AJW
v.
MEMORANDUM*
JERRY BROWN; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Kang-Shen Chen appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging various federal claims. 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) (dismissal for failure to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
comply with a court order); Hernandez v. City of El Monte, 138 F.3d 393, 398 (9th
Cir. 1998) (dismissal for failure to prosecute). We affirm.
The district court did not abuse its discretion by dismissing Chen’s action
with prejudice after Chen’s wife, a non-party, requested an indefinite stay and
failed to take steps to be appointed as Chen’s guardian or obtain counsel, despite
being admonished of the need to do so if Chen was incapable of litigating on his
own behalf and warned of the possibility of dismissal. See Pagtalunan, 291 F.3d
at 642-43 (setting forth factors for determining whether to dismiss for failure to
prosecute or to comply with a court order); see also Hernandez, 138 F.3d at 400-01
(a presumption of prejudice arises from a plaintiff’s failure to prosecute or from an
unreasonable delay).
AFFIRMED.
2 13-56592