No. 88-5985.

881 F.2d 768 (1989)

Mike HERNANDEZ, Plaintiff-Appellant, v. George S. WHITING, et al., Defendants, and Jack H. Gang; Santos Saldivar; Larry Joe Holt; William M. Slane, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Mike Hernandez, Vacaville, Cal., pro per.

Patrick E. Hughes, North Hollywood, Cal., for defendants-appellees.

Before HUG, HALL and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

Mike Hernandez appeals the district court's dismissal of his civil rights suit, 42 U.S.C. § 1983 (1982), for failure to prosecute. Hernandez, a prisoner in custody of the State of California, did not appear in court on the first day of jury trial or for a pretrial conference. The district judge immediately dismissed his action. Because the district court dismissed Hernandez' suit without first considering less drastic alternatives, we reverse...

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