Legal Opinion
Mike Hernandez v. George S. Whiting, and Jack H. Gang Santos Saldivar Larry Joe Holt William M. Slane
Court of Appeals for the Ninth Circuit
Decided August 4, 1989No. 88-5985PublishedCited by 46 opinions
1Opinion of the Court
HUG, Circuit Judge:
Mike Hernandez appeals the district court’s dismissal of his civil rights suit, 42 U.S.C. § 1983 (1982), for failure to prosecute. Hernandez, a prisoner in custody of the State of California, did not appear in court on the first day of jury trial or for a pretrial conference. The district judge immediately dismissed his action. Because the district court dismissed Hernandez’ suit without first considering less drastic alternatives, we reverse and remand for a reconsideration of the dismissal.
I
Hernandez is serving in the California state prison system an indeterminate…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
- Henderson v. DuncanCourt of Appeals for the Ninth Circuit · 1986
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Price v. JohnstonSupreme Court of the United States · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Lawrence Dunphy v. Margaret McKeeCourt of Appeals for the Seventh Circuit · 1998
- United States v. John SardoneCourt of Appeals for the Ninth Circuit · 1996
- Wantuch v. DavisCalifornia Court of Appeal · 1995
- Matter of Adoption of JSPLNorth Dakota Supreme Court · 1995
- John W. Perotti v. Diane QuinonesCourt of Appeals for the Seventh Circuit · 2015
41 more not listed; retrieve them via the Exa API.