PERRY JOHNSON V. SELENE FINANCE, LP, No. 18-55051 (9th Cir. 2019)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 19 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT PERRY JOHNSON, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 18-55051 D.C. No. 8:16-cv-01085-AG-KES v. MEMORANDUM* SELENE FINANCE, LP; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges. 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 * 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). (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. 2 18-55051

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.