In the Matter of: ALEXIS MAGER LAKUSTA v. Mark H. Evans;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: ALEXIS MAGER
LAKUSTA,
Debtor,
ALEXIS MAGER LAKUSTA,
Appellant,
v.
MARK H. EVANS; et al.,
Appellees,
No. 08-15328
D.C. No. CV-07-03085-SBA
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Saundra Brown Armstrong, District Judge, Presiding
Submitted April 5, 2010**
FILED
APR 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-15328 2
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Alexis Mager Lakusta appeals pro se from the district court’s order
dismissing his appeal from the bankruptcy court’s order denying his motion to
compel abandonment of certain legal claims. We have jurisdiction pursuant to 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), Pagtalunan v. Galaza, 291 F.3d 639,
640 (9th Cir. 2002), and we affirm.
The district court did not abuse its discretion by dismissing the action
because Lakusta failed to file his opening brief after the district court had
previously explored less drastic alternatives and warned Lakusta that failure to
comply with the court’s orders would result in dismissal. See id. at 642 (outlining
factors to consider before dismissing a claim for failure to prosecute).
Lakusta’s remaining contentions are unpersuasive.
Evans’s request for sanctions is denied.
AFFIRMED.

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