Daniel Carpenter v. State of California

MEMORANDUM

California state prisoner Daniel J. Carpenter appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to file an amended complaint. We have jurisdiction under U.S.C. § 1291. We review for an abuse of discretion, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002), and we affirm.

The district court did not abuse its discretion by dismissing Carpenter’s action after it provided notice of the inadequacies of Carpenter’s complaint, warned him that failure to file an amended complaint would result in dismissal, and gave him ample time to amend. See id. at 642 (listing the relevant factors to be considered before dismissal under Fed.R.Civ.P. 41(b)); see also Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir.2004) (“The failure of the plaintiff eventually to respond to the court’s ultimatum-either by amending the complaint or by indicating to the court that it will not do so-is properly met with the sanction of a Rule 41(b) dismissal.”).

Because we affirm the district court’s dismissal under Rule 41(b), we do not consider Carpenter’s challenges to any interlocutory orders. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386…