Kerry Fritz, II v. Phillip Garza

Good Law
373 F. App'x 696
United States Court of Appeals for the Ninth CircuitApril 1, 201009-15566California165 words

Opinion

MEMORANDUM

Kerry D. Fritz, II, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action for failure to comply with the court’s orders. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court did not abuse its discretion by dismissing the action after Fritz filed a third amended complaint that failed to conform with Federal Rule of Civil Procedure 8, where the district court specifically warned Fritz multiple times that failure to comply with Rule 8 would result in dismissal of his action, and properly weighed the pertinent factors for dismissal. See id. at 1260-61 (discussing factors that courts must consider in determining whether to dismiss for failure to comply with a court order).

Fritz’s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.