Benjamin Cannon v. City of Petaluma

Good Law
606 F. App'x 412
United States Court of Appeals for the Ninth CircuitJuly 9, 201513-16609California282 words

Opinion

Opinion

MEMORANDUM

Benjamin Philip Cannon appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of traffic stops and a subsequent search warrant. 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, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002), and we affirm.

The district court did not abuse its discretion by dismissing Cannon’s action with prejudice because, despite multiple opportunities, Cannon repeatedly failed to comply with the district court orders instructing him to omit allegations and claims related to issues that had previously been dismissed with prejudice. See Pagtalunan, 291 F.3d at 642-43 (discussing the five factors for determining whether to dismiss for failure to comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992) (although dismissal is a harsh penalty, the district court’s dismissal should not be disturbed absent “a definite and firm conviction” that it “committed a clear error of judgment” (citation and internal quotation marks omitted)).

Because we affirm the…

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