Assistant for TCI. Fed. R.App. P. 3(a)(2) provides that “[a]n appellant’s failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the court of appeals to act as it considers appropriate, including dismissing the appeal.” See Azizian v. Federated Dep’t Stores, 499 F.3d 950, 961 (9th Cir.2007) (noting, in the context of a violation of Fed. R.App. P. 7, that Fed. R.App. P. 3(a)(2) grants to this court’s “sound discretion” whether to dismiss an appeal). In deciding whether such a deficiency warrants dismissal, we are entitled to consider whether Pollard’s failure resulted in prejudice to the GEO employees or to this court. See Everest & Jennings, Inc. v. E & J Mfg. Co., 263 F.2d 254, 262 (9th Cir.1959) (<HOLDING>); Recinos De Leon v. Gonzales, 400 F.3d 821,
holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice holding that because the opposing party could demonstrate no prejudice a failure to file briefs in accordance with court rules did not warrant dismissal holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking holding that plaintiffs failure to respond to argument warranted dismissal with prejudice