Shannon Avery, Sr. v. G. Gonzales

MEMORANDUM

Former California state prisoner Shannon Lewis Avery, Sr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First and Eighth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to prosecute or failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640-41 (9th Cir.2002). We affirm.

The district court did not abuse its discretion in dismissing Avery’s action because Avery failed to prosecute the action and failed to comply with the court’s order to respond to defendants’ written discovery. See id. at 642-43 (discussing five factors relevant to decide whether to dismiss for failure to prosecute or to comply with a court order).

The district court did not abuse its discretion in denying Avery’s motion for appointment of counsel because Avery failed to demonstrate exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991) (setting forth standard of review and explaining “exceptional circumstances” requirement).

The district court did not abuse its discretion in denying Avery’s motion to transfer venue.…