Puckett

Puckett v. Dyer

Good Law
331 F. App'x 476
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 08-15463California317 words

Opinion

Lead Opinion

MEMORANDUM **

Joseph Puckett appeals pro se from the district court’s orders granting the defendants’ motion to dismiss his complaint, with prejudice, for failure to comply with court orders and denying Puckett’s motion for reconsideration in his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion both the dismissal of a complaint for failure to comply with a court order, Malone v. United States Postal Serv., 833 F.2d 128, 130 (9th Cir.1987), and the denial of a reconsideration motion, Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not abuse its discretion by dismissing the complaint in light of Puckett’s failure to comply with numerous discovery orders despite earlier sanctions and warnings that failure to comply could result in dismissal of the case. See Fed.R.Civ.P. 37(b)(2)(A) (permitting dismissal of action where a party has failed to comply with court’s discovery orders); Malone, 833 F.2d at 130 (holding that dismissal is appropriate where failure to comply with court’s orders prejudiced the…

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