JOHNSON v. SELENE FINANCE LP (2019)

United States Court of Appeals, Ninth Circuit.

Perry JOHNSON, Plaintiff-Appellant, v. SELENE FINANCE, LP; et al., Defendants-Appellees.

No. 18-55051

Decided: March 19, 2019

Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

Stefanie West, Attorney, Law Office of Stefanie N. West, Huntington Beach, CA, for Plaintiff-Appellant Hassan Elrakabawy, Yukevich Cavanaugh, Los Angeles, CA, Sanford Shatz, Attorney, McGlinchey Stafford, Irvine, CA, for Defendant-Appellee

MEMORANDUM **

Perry Johnson appeals from the district court's order dismissing his action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failing to comply with court orders, In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006), and we affirm.

The district court did not abuse its discretion in dismissing Johnson's action because Johnson failed to comply with the district court's scheduling orders and the relevant factors favored dismissal. See id. at 1226-29 (discussing the five factors a district court must weigh in deciding whether to dismiss a case for failure to comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (although preferred, the district court is not required to make explicit findings; this court may review the record independently to determine if the district court has abused its discretion).

AFFIRMED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law