ALFRED KELIIHULUHULU V. NORMAN KEANAAINA, No. 19-17342 (9th Cir. 2021)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 26 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ALFRED SPINNEY KELIIHULUHULU, Plaintiff-Appellant, and No. U.S. COURT OF APPEALS 19-17342 D.C. No. 1:19-cv-00417-LEK-WRP MEMORANDUM* LORNA PIKAKE SPINNEY, Intervenor-Plaintiff, v. NORMAN A. KEANAAINA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding Submitted April 20, 2021** Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges. Alfred Spinney Keliihuluhulu appeals pro se from the district court’s * 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). judgment dismissing for failure to comply with a court order his action challenging the use and sale of a property easement. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm. The district court did not abuse its discretion by dismissing Keliihuluhulu’s action after Keliihuluhulu failed to comply with the district court’s order, despite being warned that failure to comply would result in dismissal. See id. at 642-43 (discussing the five factors for determining whether to dismiss for failure to comply with a court order and noting that dismissal should not be disturbed absent “a definite and firm conviction” that the district court “committed a clear error of judgment” (citation and internal quotation marks omitted)). AFFIRMED. 2 19-17342

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.