Jerry Young v. Patrick Covello ( 2023 )

NOT FOR PUBLICATION FILED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