Douglas Kisaka v. University of Southern California;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOUGLAS KISAKA,
Plaintiff-Appellant,
v.
UNIVERSITY OF SOUTHERN
CALIFORNIA; et al.,
Defendants-Appellees.
No. 14-55649
D.C. No. 2:11-cv-01942-BRO-
MAN
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Beverly Reid O’Connell, District Judge, Presiding
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Douglas Kisaka appeals pro se from the district court’s order dismissing his
action alleging federal and state law claims arising various incidents that occurred
on the University of Southern California’s campus. We have jurisdiction under
* 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).
FILED
AUG 26 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-55649
28 U.S.C. § 1291. We review for an abuse of discretion the district court’s
dismissal for failure to comply with court orders. Malone v. U.S. Postal Serv.,
833 F.2d 128, 130 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion by dismissing Kisaka’s action
after Kisaka repeatedly failed to comply with court orders, meet deadlines, or
appear at hearings, despite being warned that failure to do so would result in
dismissal. See id. (discussing the five factors the district court must weigh before
dismissing a case for failure to comply with a court order). Because we affirm the
district court’s dismissal of Kisaka’s action for failure to comply with court orders,
we do not consider Kisaka’s challenges to the district court’s interlocutory orders.
See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996) (“[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)).
Kisaka’s request for judicial notice, filed on April 9, 2015, is denied.
AFFIRMED.

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