Erives

MEMORANDUM

Gilbert Osuna appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to prosecute, Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir.1996), and for failure to comply with a court order, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992). We vacate and remand.

The district court abused its discretion in dismissing Osuna’s action with prejudice for failure to notify the court that Osuna had provided documents to the U.S. Marshals Service because it failed to consider less drastic alternatives. Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir.2002) (listing factors to consider before dismissing for failure to prosecute or failure to comply with court orders and explaining that warning of dismissal prior to disobedience of a court order did not constitute consideration of less drastic alternatives); Ferdik, 963 F.2d at 1260 (“[Dismissal is a harsh penalty and, therefore, it should only be imposed in extreme circumstances.”). While the district court had previously ordered…