Domenic Tricome v. Ebay, Inc. , 486 F. App'x 639 ( 2012 )

FILED
NOT FOR PUBLICATION OCT 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DOMENIC TRICOME, No. 11-15546
Plaintiff - Appellant, D.C. No. 5:10-cv-03214-JF
v.
MEMORANDUM *
EBAY, INC.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Jeremy D. Fogel, District Judge, Presiding
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Domenic Tricome appeals pro se from the district court’s order dismissing
without prejudice his action arising from eBay, Inc.’s termination of his user
account. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
*
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).
discretion a dismissal for failure to prosecute, Ash v. Cvetkov, 739 F.2d 493, 495
(9th Cir. 1984), and we affirm.
The district court did not abuse its discretion by dismissing Tricome’s action
without prejudice for failure to prosecute after Tricome failed to appear at a case
management conference and failed to respond timely to the court’s order to show
cause as to why the action should not be dismissed. See id. at 496-97 (discussing
factors to guide the court’s decision whether to dismiss for failure to prosecute).
We lack jurisdiction to review the decision of the Eastern District of
Pennsylvania to transfer this action to the Northern District of California. See
Posnanski v. Gibney, 421 F.3d 977, 980 (9th Cir. 2005) (“[W]e may not review a
transfer under 28 U.S.C. § 1404 by a district court outside of our circuit to a district
court within our circuit.”).
AFFIRMED.
2 11-15546