Masden v. Nevada

Full title: Daniel MASDEN, Plaintiff-Appellant, v. State of NEVADA; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 12, 2002

36 F. App'x 609 (9th Cir. 2002)

Opinion

36 Fed.Appx. 609 (9th Cir. 2002) Daniel MASDEN, Plaintiff-Appellant, v. State of NEVADA; et al., Defendants-Appellees. No. 01-16873. D.C. No. CV-98-00227-DWH. United States Court of Appeals, Ninth Circuit. June 12, 2002

Submitted June 10, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Nevada David Warner Hagen, District Judge, Presiding.

Before O'SCANNLAIN, BERZON, and RAWLINSON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Daniel Masden appeals pro se the district court's order denying his motion for relief from the judgment dismissing his action with prejudice for failure to prosecute and failure to comply with court orders. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand to the district court for reconsideration in light of our recent decision Community Dental Services v. Tani, 282 F.3d 1164 (9th Cir.2002).

Each party shall bear its own costs on appeal.

VACATED AND REMANDED.