Chambers v. Dane
On April 13, 2006, appellant Lambert G. Chambers, a state prison inmate, filed a personal injury complaint alleging that two correctional officers were responsible for the injuries he suffered when he was attacked by another inmate at Salinas Valley State Prison. In a minute order dated May 24, 2007, the trial court dismissed the action due to Chambers failure to obtain service, appearance, default or dismissal of defendant in a timely manner.
Chambers appeals from the minute order dismissing his personal injury action, arguing that the trial court abused its discretion because he could not prosecute the action due to his incarceration. For the reasons stated below, we conclude that Chambers seeks review of a nonappealable order and therefore the appeal must be dismissed. We further conclude that, even assuming the order was appealable, the trial court did not abuse its discretion in dismissing the action.
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