RAPHEAL RUSSELL V. TODD PACIFIC/VIGOR INDUSTRIES, No. 14-36080 (9th Cir. 2017)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION MAR 2 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RAPHEAL G. RUSSELL, Plaintiff-Appellant, v. U.S. COURT OF APPEALS No. 14-36080 D.C. No. 2:13-cv-01743-MJP MEMORANDUM* TODD PACIFIC/VIGOR INDUSTRIES, Defendant-Appellee. Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Rapheal G. Russell appeals pro se from the district court’s judgment dismissing for failure to prosecute his action alleging employment related claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996). We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court did not abuse its discretion in dismissing Russell’s action after Russell repeatedly failed to submit to a deposition despite being warned by the court that non-compliance would result in dismissal. See id. (discussing factors to be considered before dismissing a case for failure to prosecute); see also Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994) (“A reviewing court will give deference to the district court to decide what is unreasonable because it is in the best position to determine what period of delay can be endured before its docket becomes unmanageable” (citations omitted)). AFFIRMED. 2 14-36080

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.