LAW.coLAW.co

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 dismissal of Wallace's action because the district court properly exercised its discretion in dismissing the case under Rule 41(b) for Wallace's failure to comply with a court order to amend his in forma pauperis application after being warned of the consequences.

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 had dismissed his case under Federal Rule of Civil Procedure 41(b) because Wallace did not comply with an order requiring him to amend his application to proceed in forma pauperis (without paying court fees), despite being explicitly warned that noncompliance would result in dismissal. The appellate court found no abuse of discretion in this dismissal and upheld the district court's decision.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether dismissal under Rule 41(b) for noncompliance with court orders constitutes an abuse of discretion
  • Standards for dismissing civil rights actions due to procedural noncompliance
  • Scope of appellate review for issues not raised in the opening brief

Procedural posture

Wallace appealed pro se from the district court's dismissal of his 42 U.S.C. § 1983 civil rights action for failure to comply with an order to amend his in forma pauperis application.

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.