Vernon Deck v. WELLS FARGO BANK, N.A., National Association, as Trustee for Option One Mortgage…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VERNON DECK,
Plaintiff-Appellant,
v.
WELLS FARGO BANK, N.A., National
Association, as Trustee for Option One
Mortgage Loan Trust 2003-1, Asset-Backed
Certificates, Series 2003-1; et al.,
Defendants-Appellees.
No. 19-16370
D.C. No. 2:17-cv-00234-MCE-KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
Vernon Deck appeals pro se from the district court’s judgment dismissing
his action alleging federal and state law claims arising out of foreclosure
proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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abuse of discretion a district court’s dismissal of an action for failure to comply
with the court’s orders, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992),
and we affirm.
The district court did not abuse its discretion by dismissing Deck’s action
after providing Deck with several opportunities to file an amended complaint that
complied with the district court’s orders, as well as this court’s memorandum
disposition in Case No. 17-16680, and several warnings that failure to file such a
complaint would result in dismissal with prejudice. See Fed. R. Civ. P. 41(b)
(failure to comply with a court order may be grounds for dismissal with prejudice
as sanction); Ferdik, 963 F.2d at 1260-63 (setting forth factors the district court
must consider in dismissing a case for failure to comply with a court order).
We reject as without merit Deck’s contention that the district court judge or
the magistrate judge were biased against him.
Deck’s request for appointment of counsel, set forth in the opening brief, is
denied.
All other pending motions or requests are denied as moot.
AFFIRMED.

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