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WALLACE II v. DEPARTMENT OF CORRECTIONS AND REHABILITATION (2021)

United States Court of Appeals, Ninth Circuit.2021-02-23No. No. 20-55519

Summary

Holding. The court affirmed the district court's dismissal because the district court did not abuse its discretion when it dismissed Wallace's action under Rule 41(b) for his failure to comply with the order to amend his in forma pauperis application after being warned of the dismissal consequence.

William James Mathew Wallace II, a California state prisoner, appealed the dismissal of his civil rights lawsuit against the Department of Corrections and Rehabilitation. The district court dismissed his case under Federal Rule of Civil Procedure 41(b) because Wallace failed to follow a court order requiring him to amend his application to proceed without paying court fees, despite receiving notice that non-compliance would lead to dismissal. The appellate court reviewed whether the district court abused its discretion in imposing this sanction.

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Key issues

  • Whether dismissal under Federal Rule of Civil Procedure 41(b) was an abuse of discretion
  • Whether failure to comply with a court order to amend an in forma pauperis application justified case dismissal

Procedural posture

Wallace appealed pro se from a district court order dismissing his 42 U.S.C. § 1983 civil rights action for failure to comply with a court order.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

California state prisoner William James Mathew Wallace II appeals pro se from the district courts order dismissing his 42 U.S.C. § 1983 action for failure to comply with a court order. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Wallaces action under Federal Rule of Civil Procedure 41(b) because Wallace failed to comply with the district courts order to amend his in forma pauperis application despite being warned that failure to comply would result in dismissal. See id. at 642-43 (discussing factors to consider in determining whether to dismiss under Rule 41(b) for failure to comply with a court order).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Wallaces motion to appoint counsel (Docket Entry No. 13) is denied.

AFFIRMED.