Booker Wade, Jr. v. Arlene Stevens

671 F. App'x 680

Opinion

MEMORANDUM **

Booker Theodore Wade, Jr., appeals pro se from the district court’s order dismissing Wade’s bankruptcy appeal for failure to prosecute after Wade failed to file his opening brief. We have jurisdiction under 28 U.S.C. §§ 158(d), 1291. We review for an abuse of discretion a district court’s dismissal for failure to prosecute. Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1451 (9th Cir. 1994). We affirm.

The district court did not abuse its discretion in dismissing Wade’s bankruptcy appeal after determining that the delay caused by Wade’s failure to file an opening brief was unreasonable and interfered with the district court’s ability to manage its docket. See id, (“A reviewing court will give deference to the district court to decide what is unreasonable because it is in the best position to determine what period of delay can be endured before its docket becomes unmanageable” (citations omitted)).

We reject as without merit Wade’s contentions that the district court exhibited bias in dismissing his appeal for failure prosecute.

AFFIRMED.

** ⅞⅛ disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.