Kishor

Kishor v. Geaghty

Good Law
176 F. App'x 827
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 05-16621California270 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Chandra Kishor appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a district court’s dismissal for failure to comply with court orders and procedural rules, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm in part and dismiss in part.

The district court did not abuse its discretion by dismissing Kishor’s action on the ground that he repeatedly failed to comply with court orders and the rules of procedure requiring him to amend his complaint to include only those claims for which he had exhausted administrative remedies prior to suit. See Fed.R.Civ.P. 41(b) (allowing dismissal of an action for failure of the plaintiff to comply with procedural rules or any order of the court); see also Ferdik, 963 F.2d at 1260-61 (affirming dismissal of prisoner civil rights action where prisoner failed to comply with district court’s order for filing an amended complaint).

We lack jurisdiction over Kishor’s claims against defendant Dr. Drennan because he…

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