Jennifer Marie Jones v. Town of Quartzsite;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JENNIFER MARIE JONES,
Plaintiff-Appellant,
v.
TOWN OF QUARTZSITE; et al.,
Defendants-Appellees.
No. 15-16279
D.C. No. 2:12-cv-01383-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Jennifer Marie Jones appeals pro se from the district court’s judgment
dismissing her 42 U.S.C. § 1983 action alleging federal and state law claims. We
have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
district court’s dismissal under Federal Rule of Civil Procedure 41(b). Al-Torki v.
* 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
JAN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-16279
Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion in dismissing Jones’s action for
failure to prosecute where Jones had agreed to the trial date and had been warned
that her case would be dismissed if she was not prepared to proceed on the date set
for trial. See id. at 1384-85 (discussing the factors the court should consider in
evaluating whether to dismiss a case for failure to prosecute). We reject as
unsupported by the record Jones’s contention that the district court failed to
consider less drastic sanctions.
Because we affirm the district court’s dismissal of Jones’s action for failure
to prosecute, we do not consider her challenges to the district court’s interlocutory
orders. See id. 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)).
AFFIRMED.

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