green
Positive treatment
Quoted verbatim 318×
504.7 score
G Cite
cited 14× by 14 distinct cases, 2025–2026 ·
…a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
at p. 1262
⚠ not in text
Topic ↗
cited 11× by 11 distinct cases, 2020–2025 ·
…district court's warning to a party that his or her failure to obey the court's order will result in dismissal can satisfy the 'consideration of alternatives' requirement.
at p. 1263
⚠ not in text
Topic ↗
cited 9× by 9 distinct cases, 2019–2023 ·
…pursuant to federal 21 rule of civil procedure 41(b), the district court may dismiss an action for failure to comply with 22 any order of the court
at p. 1260
⚠ not in text
Topic ↗
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Tyson C. Hillyer v. Disciplinary Officer Gutzman, Correctional Officer Townsend, and Correctional Officer Kenna
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Yan Liu and Yong Zhong v. Yiliang Zha and Wetrust Realty, Inc.; Yan Liu, Yong Zhong, and Weiming Chen v. Jessie Le and Ricky & Jessie Realty, Inc.; Yan Liu and Yong Zhong v. Grace Property Management LLC, and Jing Sun
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Yan Liu and Yong Zhong v. Yiliang Zha and Wetrust Realty, Inc.; Yan Liu, Yong Zhong, and Weiming Chen v. Jessie Le and Ricky & Jessie Realty, Inc.; Yan Liu and Yong Zhong v. Grace Property Management LLC, and Jing Sun
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Yan Liu and Yong Zhong v. Yiliang Zha and Wetrust Realty, Inc.; Yan Liu, Yong Zhong, and Weiming Chen v. Jessie Le and Ricky & Jessie Realty, Inc.; Yan Liu and Yong Zhong v. Grace Property Management LLC, and Jing Sun
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
David Stratton, et al. v. Packaging Corporation of America
pursuant to federal rule of civil procedure 41(b), the district court may dismiss an action for failure to comply with any order of the court.
discussed
Cited as authority (verbatim quote)
Jessie Adams v. Sergio Jimenez
he district court may dismiss an action for failure 28 to comply with any order of the court.
discussed
Cited as authority (verbatim quote)
Tamisha Lewis-Junge v. Hiland Mountain Correctional Center; Office of Children Services; and Anchorage School District, et. al
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Tamisha Lewis-Junge v. Hiland Mountain Correctional Center; Office of Children Services; and Anchorage School District, et. al
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Tamisha Lewis-Junge v. Hiland Mountain Correctional Center; Office of Children Services; and Anchorage School District, et. al
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Adam Lee Bunker v. Wyatt Derner
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
David Rivas v. MCC San Diego; Jason Burganson, Correctional Officer
(2×)
also: Cited "see"
district 25 court's warning to a party that his failure to obey the court's order will result in 26 dismissal can satisfy the 'consideration of alternatives' requirement.
discussed
Cited as authority (verbatim quote)
Eunji Jeong v. John or Jane Doe, and Does 2-10, inclusive
16 district court's warning to a party that his failure to obey the court's order 17 will result in a dismissal can satisfy the 'consideration of alternatives' requirement.
discussed
Cited as authority (verbatim quote)
Maria Garcia v. SPSSM Investments - IV, LP
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey the 2 court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Salahuddin Fard Smart v. Las Vegas Metropolitan Police Department, et al.
the district court may dismiss an action for failure to 7 comply with any order of the court.
examined
Cited as authority (verbatim quote)
Golbahar Imanpour v. Unite States Department of State et al.
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
discussed
Cited as authority (verbatim quote)
Myckel Anthonie McMillan v. Denali Cheveron; Myckel Anthonie McMillan v. KFC
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Myckel Anthonie McMillan v. Denali Cheveron; Myckel Anthonie McMillan v. KFC
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Joseph Vance Arabie v. Jeffrey McAfee and Brent Hatch
(2×)
also: Cited "see, e.g."
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Paul Charles Peters v. Rob Jeffords, et al.
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Donte Sutton v. Altamirano, et al.
it is incumbent upon us to preserve the 1 district courts' power to manage their dockets without being subject to the endless vexatious 2 noncompliance of litigants like ferdik.
discussed
Cited as authority (verbatim quote)
Marcusazia Chambers v. Fairbanks Police Department and Officer Sori
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Marcusazia Chambers v. Jill Copeland and The University of Alaska Police Department
a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
United African-Asian Abilities Club, et al. v. 628 West Imperial Avenue, L.P.
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey the 4 court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Cavalier v. Aranda
(2×)
also: Cited "see"
23 district court's warning to a party that his failure to obey the court's order will result in 24 dismissal can satisfy the 'consideration of alternatives' requirement.
discussed
Cited as authority (verbatim quote)
Sam Benford v. Arthur Marquez
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey the court's 2 order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
PATHDM1 LP LLC v. PATH 1 Communications, LLC
pursuant to federal rule of civil procedure 41(b), the district court may dismiss an action for failure to comply with any order of the court.
examined
Cited as authority (verbatim quote)
Fernando Gastelum v. Shell USA, Inc.
(2×)
also: Cited as authority (rule)
moreover, our decisions also suggest that a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the 'consideration of alternatives' requirement.
examined
Cited as authority (verbatim quote)
Jessica Baze v. Experian Information Solutions Inc
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
examined
Cited as authority (verbatim quote)
Nicola Catizone v. Equifax Information Services LLC
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
discussed
Cited as authority (verbatim quote)
Reybol v. Treasury Department
(2×)
also: Cited as authority (rule)
a district court's 22 warning to a party that failure to obey the court's order will result in dismissal can satisfy the 23 'consideration of ' requirement.
examined
Cited as authority (verbatim quote)
Wieser v. Mr. Cooper Group, Inc.
(2×)
ur decisions also suggest that a district court's 25 warning to a party that his failure to obey the court's order will result in dismissal can 26 satisfy the 'consideration of alternatives' requirement.
discussed
Cited as authority (verbatim quote)
Colton Bryant v. Sook Sabai Corp
district court's warning to a party that his failure to obey 4 the court's order will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Latanya Williams v. J Lorraine LLC
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey the 2 court's order will result in dismissal can satisfy the consideration of alternatives requirement.
examined
Cited as authority (verbatim quote)
Gregory McKenna v. Panda Motors, LLC
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
examined
Cited as authority (verbatim quote)
(PS) Toliver v. Clear Recon Corp.
efore dismissing a pro se complaint the district court must provide the litigant with 11 notice of the deficiencies in his complaint in order to ensure that the litigant uses the opportunity 12 to amend effectively.
discussed
Cited as authority (verbatim quote)
(PS) Gomez v. Haet
(2×)
also: Cited "see, e.g."
pursuant to federal 15 rule of civil procedure 41(b), the district court may dismiss an action for failure to comply with 16 any order of the court.
discussed
Cited as authority (verbatim quote)
Slovak v. Wells Fargo Bank, N.A.
district courts have the inherent power to control their dockets and, 'n the exercise of that power they may impose sanctions.
examined
Cited as authority (verbatim quote)
Stout Law Firm, LLP v. Taulli
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
discussed
Cited as authority (verbatim quote)
Erskine v. Frager
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey 20 the court's order will result in dismissal can satisfy the "consideration of alternatives" 21 requirement.
discussed
Cited as authority (verbatim quote)
NFLASH, INC. v. COMNET TECHNOLOGY GROUP
a district court's warning to a party that 26 failure to obey the court's order will result in dismissal can satisfy the 'consideration of ' requirement.
examined
Cited as authority (verbatim quote)
Henderson v. Clark County School District
here the fact that the district court first allowed ferdik an additional thirty days 16 in which to amend his complaint to bring it into compliance with rule 10(a), constituted an attempt 17 at a less drastic sanction to that of outright dismissal.
examined
Cited as authority (verbatim quote)
Keith-Henderson v. Clark County School District
here the fact that the district court first allowed ferdik an additional thirty days 27 in which to amend his complaint to bring it into compliance with rule 10(a), constituted an attempt 28 at a less drastic sanction to that of outright dismissal.
examined
Cited as authority (verbatim quote)
Rohit J. Singh v. Next Level ADU Builder and Solar
(2×)
also: Cited "see"
even if the prejudice factor as well as the fifth factor regarding the public policy favoring disposition on the merits both weighed against dismissal, they would not outweigh the other three factors that strongly support dismissal here.
discussed
Cited as authority (verbatim quote)
Ana Ventura v. Wimatex, Inc.
(2×)
also: Cited as authority (rule)
district court's warning to a party that his failure to obey the court's order 2 will result in dismissal can satisfy the consideration of alternatives requirement.
discussed
Cited as authority (verbatim quote)
Jack v. Sundberg
(2×)
also: Cited as authority (rule)
a district court's warning to a 22 party that failure to obey the court's order will result in dismissal can satisfy the 'consideration of 23 ' requirement.
discussed
Cited as authority (verbatim quote)
Heinnickel, Jr. v. Network Capital Funding Corporation
a district court's warning to a 3 party that failure to obey the court's order will result in dismissal can satisfy the 'consideration 4 of ' requirement.
discussed
Cited as authority (verbatim quote)
(PS) Johnson v. Solano County Sheriff,.
(2×)
also: Cited "see, e.g."
pursuant to federal rule 12 of civil procedure 41(b), the district court may dismiss an action for failure to comply with any 13 order of the court.
discussed
Cited as authority (verbatim quote)
(PC) Johnson v. Solano County Sheriff
(2×)
also: Cited "see, e.g."
pursuant to federal rule 12 of civil procedure 41(b), the district court may dismiss an action for failure to comply with any 13 order of the court.
discussed
Cited as authority (verbatim quote)
Harris v. Clark County School District
fter amendment the original pleading no longer performs any function and is treated thereafter 25 as non-existent . . . .
discussed
Cited as authority (verbatim quote)
(PS) Murphy v. Oakland Unified School District
(2×)
also: Cited as authority (rule)
a district 4 court's warning to a party that failure to obey the court's order will result in dismissal can satisfy 5 the 'consideration of ' requirement.
Retrieving the full opinion text from the archive…
United States
v.
Robert Fine, Aka: Anosh Toufigh, Aka: Jacob Maarse, Aka: Jack Patterson
v.
Robert Fine, Aka: Anosh Toufigh, Aka: Jacob Maarse, Aka: Jack Patterson
90-50280.
Court of Appeals for the Ninth Circuit.
May 6, 1992.
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert FINE, aka: Anosh Toufigh, aka: Jacob Maarse, aka:
Jack Patterson, Defendant-Appellant.
No. 90-50280.
United States Court of Appeals,
Ninth Circuit.
May 6, 1992.
Prior Report: 946 F.2d 650.
Before: WALLACE, Chief Judge, BROWNING, HUG, TANG, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, D.W. NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O'SCANNLAIN, LEAVY, TROTT, FERNANDEZ, RYMER, T.G. NELSON, and KLEINFELD, Circuit Judges.
ORDER
1
Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.