Taek Yoon v. Lee ( 2022 )

NOT FOR PUBLICATION FILED
APR 19 2022
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TAEK SANG YOON, No. 20-56248
Plaintiff-Appellant, D.C. No. 2:11-cv-06792-VAP-KK
v.
MEMORANDUM*
LEE, Physician CRC; et al.,
Defendants-Appellees,
and
DURANT, Librarian CRC, PINECO, CRC
Correctional Officer, individual capacity,
Defendant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
Former California state prisoner Taek Sang Yoon appeals pro se from the
*
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).
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
prosecute or comply with court orders. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion. Ingenco Holdings, LLC v. Ace Am.
Ins. Co., 921 F.3d 803, 821 (9th Cir. 2019) (dismissal as a discovery sanction
under Federal Rule of Civil Procedure 37); Pagtalunan v. Galaza, 291 F.3d 639,
640 (9th Cir. 2002) (dismissal for failure to prosecute or comply with court orders).
We affirm.
The district court did not abuse its discretion by dismissing Yoon’s action
because Yoon repeatedly failed to appear for his deposition, properly meet and
confer, or comply with court orders, and Yoon was notified that dismissal was
imminent. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (setting
forth factors for determining whether an action should be dismissed as a sanction
for failure to comply with a court order); Thompson v. Hous. Auth. of L.A., 782
F.2d 829, 831 (9th Cir. 1986) (“We have repeatedly upheld the imposition of the
sanction of dismissal for failure to comply with pretrial procedures mandated by
local rules and court orders.”).
AFFIRMED.
2 20-56248