Michael Denton v. Sheriff Pastor ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL DENTON, No. 18-36000
Plaintiff-Appellant, D.C. No. 3:16-cv-05314-RJB
v.
MEMORANDUM*
SHERIFF PASTOR, individually and in
their official capacities; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Michael Denton, a Washington state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First and
Fourteenth Amendment claims. We review for an abuse of discretion a dismissal
for failure to comply with a court order under Federal Rule of Civil Procedure
*
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).
41(b) or pursuant to local rules. Yourish v. California Amplifier, 191 F.3d 983, 986
(9th Cir. 1999); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). We vacate and
remand.
The district court dismissed Denton’s action before developing a complete
factual record on Denton’s failure to appear at the pretrial conference and his
alleged history of noncompliance with the court’s orders. Moreover, in his
opening brief, Denton explains that he could not attend the pretrial conference
because prison officials told him that they could not open the cell door. We vacate
the judgment and remand to the district court to consider Denton’s explanation in
the first instance, and to provide Denton with an opportunity to respond to
defendants’ contentions concerning other instances of noncompliance with the
district court’s orders.
VACATED and REMANDED.
2 18-36000