DOJ

Price v. United States Department of Justice

Good Law
462 F. App'x 694
United States Court of Appeals for the Ninth CircuitDecember 20, 201110-16924California295 words

Opinion

Opinion

MEMORANDUM

William Price, a federal prisoner, appeals pro se from the district court’s dismissal without prejudice of his action brought under the Freedom of Information Act and the Privacy Act. The district court dismissed after Price failed to comply with the court’s order requiring him to submit an amended complaint and the court’s service packet. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, see Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

The district court may dismiss an action for failure to comply with any order of the court. See Fed.R.CivP. 41(b). A trial court’s dismissal under Rule 41(b) will not be disturbed unless we have 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.” Ferdik, 963 F.2d at 1260 .

The record demonstrates that the district court afforded Price an opportunity to amend his complaint. In addition, the district court warned Price that his failure to comply with the filing deadlines for amendment could result in the dismissal of his action. See id.; see also Malone v. United…

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