Margarito Villaseñor v. Clinton;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARGARITO VILLASEÑOR,
Plaintiff - Appellant,
v.
CLINTON; et al.,
Defendants - Appellees.
No. 11-56719
D.C. No. 5:08-cv-00419-CAS-
PJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
California state prisoner Margarito Villaseñor appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his hand injury. We have jurisdiction under 28 U.S.C. § 1291. We
review for abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-56719 2
2002) (dismissal for failure to comply with court order and failure to prosecute);
Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam) (dismissal for failure
to comply with local rules). We affirm.
The district court did not abuse its discretion by dismissing Villaseñor’s
action with prejudice after Villaseñor failed to take any action for more than one
year. See Pagtalunan, 291 F.3d at 642-43 (discussing the five factors for
determining whether to dismiss a claim for failure to prosecute or failure to comply
with a court order); Ghazali, 46 F.3d at 53 (explaining that a court must weigh the
same five factors to determine whether dismissal for failure to follow a local rule
was an abuse of discretion).
The district court did not abuse its discretion by denying Villaseñor’s motion
for reconsideration because Villaseñor failed to establish grounds for such relief.
See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63
(9th Cir. 1993) (standard of review and grounds for reconsideration).
Villaseñor’s request for an order directing his prison facility to provide him
access to the law library, set forth in his reply brief, is denied.
AFFIRMED.

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