Jerry Young v. Patrick Covello

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JERRY WAYNE YOUNG, No. 22-16496 Plaintiff-Appellant, D.C. No. 2:22-cv-00055-DAD-CKD v. MEMORANDUM* PATRICK COVELLO; E. SACKETT; R. DENNISTAN; WOOLBRIGHT, Sgt., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding Submitted August 15, 2023** Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges. California state prisoner Jerry Wayne Young appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Fourteenth Amendment claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with a court order to amend * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). We affirm. The district court did not abuse its discretion in dismissing without prejudice Young’s action because Young failed to file an amended complaint despite being warned that failure to do so would result in dismissal. See Fed. R. Civ. P. 41(b) (district court may dismiss an action “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order”); Ferdik, 963 F.2d at 1260-62 (setting forth factors for determining whether an action should be dismissed for failure to comply with a court order and noting that this court may review the record independently to determine if the district court abused its discretion). AFFIRMED. 2 22-16496