United States v. 2021-04-26 | 19-17342 | ALFRED KELIIHULUHULU V. NORMAN KEANAAINA | nonprecedential |…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALFRED SPINNEY KELIIHULUHULU,
Plaintiff-Appellant,
and
LORNA PIKAKE SPINNEY,
Intervenor-Plaintiff,
v.
NORMAN A. KEANAAINA; et al.,
Defendants-Appellees.
No. 19-17342
D.C. No. 1:19-cv-00417-LEK-WRP
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Alfred Spinney Keliihuluhulu appeals pro se from the district court’s
* 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
APR 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-17342
judgment dismissing for failure to comply with a court order his action challenging
the use and sale of a property easement. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion a dismissal for failure to comply
with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We
affirm.
The district court did not abuse its discretion by dismissing Keliihuluhulu’s
action after Keliihuluhulu failed to comply with the district court’s order, despite
being warned that failure to comply would result in dismissal. See id. at 642-43
(discussing the five factors for determining whether to dismiss for failure to
comply with a court order and noting that dismissal should not be disturbed absent
“a definite and firm conviction” that the district court “committed a clear error of
judgment” (citation and internal quotation marks omitted)).
AFFIRMED.

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