Opinion of the Court — Xiong v. Fresno County Economic Opportunities Commission

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Type: Opinion of the Court
Filed: June 13, 2002
Case: Xiong v. Fresno County Economic Opportunities Commission
Case status: Decided

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*631 MEMORANDUM * Tou Panou Xiong and Richard Chansom-bat appeal the district court’s dismissal of their action for conspiracy, discrimination, libel and slander, breach of contract and other claims. Xiong and Chansombat argue that the district court abused its discretion in dismissing the action pursuant to Federal Rule of Civil Procedure 41(b) for their failure to comply with the court’s order to respond to several motions to dismiss. We disagree. We review a district court’s Rule 41(b) dismissal for abuse of discretion. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.2000). ‘We will not disturb the trial court’s dismissal without a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” Yourish v. California Amplifier, 191 F.3d 983, 989 (9th Cir.1999) (internal quotations and citation omitted). Rule 41(b) authorizes dismissal of an action “[f]or failure of the plaintiff to prosecute or to comply with these rules or any order of the court.” Fed. R. Civ. Proc. 41(b). “District courts have the inherent power to control their dockets and in the exercise of that power t…

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