WILLIAM CATO SELLS, Jr. v. E.K. McDANIEL, Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM CATO SELLS, Jr.,
Plaintiff - Appellant,
v.
E.K. McDANIEL, Warden; et al.,
Defendants - Appellees.
No. 12-15842
D.C. No. 3:08-cv-00170-RCJ-
WGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
William Cato Sells, Jr., a Washington state prisoner formerly incarcerated in
Nevada, appeals pro se from the district court’s judgment dismissing his 42 U.S.C.
§ 1983 action for failure to prosecute. We have jurisdiction under 28 U.S.C.
FILED
MAR 22 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§ 1291. We review for an abuse of discretion. Al-Torki v. Kaempen, 78 F.3d 1381,
1384 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion in dismissing Sells’s action for
failure to prosecute after finding that Sells was unable to appear for trial due to his
incarceration in another state and considering all reasonable alternatives to
dismissal. See id. at 1384-85 (discussing factors that district courts must consider
before dismissing under Federal Rule of Civil Procedure 41(b)).
AFFIRMED.
12-15842 2

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