Caico

MEMORANDUM **

James V. Caico, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to file a pretrial statement. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Dahl v. City of Huntington Beach, 84 F.3d 363, 366 (9th Cir.1996), and we reverse and remand.

The record shows that Caico filed several requests for extension of time stating that his ability to prepare the pretrial statement was impeded by sporadic access to the law library. The district court granted Caico three extensions, but the record shows that prison officials confiscated Caico’s substantially complete pretrial statement immediately after the second extension, and Caico was unable to negotiate its return after filing several internal prison grievances, and requests for injunctive relief with the district court. The district court dismissed the action despite Caico’s diligence in pursuing the case, the barriers imposed by imprisonment, and the fact that the case had survived motions to dismiss and for summary judgment. See Hernandez v. Whiting, 881 F.2d 768, 771-72 (9th Cir.1989) (reversing dismissal for…