K'Napp v. California Department of Corrections & Rehabilitation

MEMORANDUM

California state prisoner Eric Charles Rodney K’napp appeals pro se from the district court’s judgment dismissing his action alleging federal claims related to the conditions of his confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to comply with an order to file an amended complaint that comports with Federal Rule of Civil Procedure 8. McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir.1996). We affirm.

The district court did not abuse its discretion by dismissing K’napp’s action because, after being warned of the possibility of dismissal, Knapp filed another complaint that was not in compliance with the district court’s order and Rule 8. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.1992) (setting forth factors relevant to dismissal for failure to comply with a court order, and explaining that, although dismissal is a harsh penalty, a district court’s dismissal should not be disturbed unless there is a “definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors” (citations and internal quotation marks…