ZEDDRICK WHITE V. DELOITTE & TOUCHE, No. 13-55549 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 27 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ZEDDRICK FITZGERALD WHITE, Plaintiff - Appellant, No. 13-55549 D.C. No. 2:10-cv-03479-CASPJW v. DELOITTE & TOUCHE; et al., MEMORANDUM* Defendants - Appellees. Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding Submitted January 21, 2014** Before: CANBY, SILVERMAN, AND PAEZ, Circuit Judges. Zeddrick Fitzgerald White appeals pro se from the district court s judgment dismissing his action alleging, among other claims, violations of the Fair Credit Reporting Act. 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 * 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). F.3d 1381, 1384 (9th Cir. 1996), and de novo a district court s subject matter jurisdiction determination, Robinson v. United States, 586 F.3d 683, 685 (9th Cir. 2009). We affirm. The district court did not abuse its discretion by dismissing White s action against Deloitte & Touche, LLP and Brachfeld & Associates for failure to prosecute in light of White s continued failure to appear at required hearings. See Al-Torki, 78 F.3d at 1384-85 (discussing factors to guide the court s decision whether to dismiss for failure to prosecute); see also Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002) (noting dismissal will be disturbed only if there is a definite and firm conviction that the court below committed a clear error of judgment (citation and internal quotation marks omitted)). Because we affirm the district court s dismissal as to Brachfeld for failure to prosecute, we do not consider White s challenge to the clerk not entering default against Brachfeld. See Al-Torki, 78 F.3d at 1386 (after dismissal for failure to prosecute, interlocutory orders are not appealable regardless of whether the failure to prosecute was purposeful). The district court properly dismissed White s state law claims against Gap, Inc. for lack of subject matter jurisdiction because those claims did not share a common nucleus of fact with White s Fair Credit Reporting Act claim, the only 2 13-55549 claim over which federal jurisdiction existed. See 28 U.S.C. § 1367(a) (establishing same case or controversy requirement for supplemental jurisdiction); Bahrampour v. Lampert, 356 F.3d 969, 978 (9th Cir. 2004) ( A state law claim is part of the same case or controversy when it shares a common nucleus of operative fact with the federal claims and the state and federal claims would normally be tried together. (citation omitted)); see also Moore v. Maricopa Cnty. Sheriff s Office, 657 F.3d 890, 894 (9th Cir. 2011) (noting court s obligation to determine sua sponte whether it has subject matter jurisdiction). White s contentions of judicial bias are without merit and not supported by the record. White s motion to strike, filed on January 9, 2014, is denied as unnecessary. White s motion to expedite hearing schedule and for temporary injunction and stay, filed on December 12, 2013, is denied as unnecessary. White s motion regarding oral argument, filed on August 30, 2013, is denied as unnecessary. All pending motions for judicial notice are also denied as unnecessary. AFFIRMED. 3 13-55549
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