Filed: Apr. 13, 2020
Latest Update: Apr. 13, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 13 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CYRUS MARK SANAI, an individual, No. 19-55427 Plaintiff-Appellant, D.C. No. 2:18-cv-02136-RGK-E v. MEMORANDUM* D. JOSHUA STAUB, an individual; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, C
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 13 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CYRUS MARK SANAI, an individual, No. 19-55427 Plaintiff-Appellant, D.C. No. 2:18-cv-02136-RGK-E v. MEMORANDUM* D. JOSHUA STAUB, an individual; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Ci..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CYRUS MARK SANAI, an individual, No. 19-55427
Plaintiff-Appellant, D.C. No. 2:18-cv-02136-RGK-E
v.
MEMORANDUM*
D. JOSHUA STAUB, an individual; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Attorney Cyrus Mark Sanai appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
district court’s dismissal for failure to prosecute. Al-Torki v. Kaempen, 78 F.3d
*
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).
1381, 1384 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion by dismissing Sanai’s action
because Sanai failed to file proof of timely service of the complaint on all
defendants after being warned that failure to do so would result in dismissal. See
id. (discussing factors to be considered before dismissing an action for failure to
prosecute).
The district court did not abuse its discretion by denying Sanai’s post-
judgment motion to vacate or amend the judgment because Sanai failed to
demonstrate any basis for such relief. See Sch. Dist. No. 1J, Multnomah Cty., Or.
v. ACandS, Inc.,
5 F.3d 1255, 1262-63 (9th Cir. 1993) (standard of review and
grounds for relief under Federal Rule of Civil Procedure 59(e) or 60(b)).
Because we affirm the district court’s dismissal of Sanai’s action for failure
to prosecute, we do not consider his challenges to the district court’s interlocutory
orders regarding recusal and judicial disclosure. See
Al-Torki, 78 F.3d at 1386
(“[I]nterlocutory orders, generally appealable after final judgment, are not
appealable after a dismissal for failure to prosecute, whether the failure to
prosecute is purposeful or is a result of negligence or mistake.” (citation and
internal quotation marks omitted)).
//
//
2 19-55427
Each judge on this panel declined the request to recuse.
All pending motions and requests are denied.
AFFIRMED.
3 19-55427