LAW.coLAW.co

Robert P. BENYAMINI, Plaintiff-Appellant, v. SAHOOTA; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2013-04-23No. No. 12-16863
517 F. App'x 563

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Robert P. Benyamini, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs and other constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the dismissal of an action for failure to comply with an order to file an amended complaint, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court did not abuse its discretion by dismissing the action after providing Benyamini with an opportunity to amend his complaint, apprising him of the deficiencies of his pleading, and warning him that failure to amend would result in dismissal. See Fed.R.Civ.P. 41(b) (allowing dismissal of action for failure to comply with court orders); Ferdik, 963 F.2d at 1260-61 (listing factors to guide dismissal under Rule 41(b)).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.