Agyeman

MEMORANDUM ***

Detainee Emmanuel Senyo Agyeman appeals pro se from the district court’s order denying his motion for relief from the court’s previous order dismissing his action for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Laurino v. Syringa Gen. Hosp., 279 F.3d 750 , 753 (9th Cir.2002), and we reverse and remand.

Previously, the district court granted defendants’ motion for summary judgment and entered judgment against Agyeman. This court reversed in part, holding that Agyeman had presented evidence raising a genuine issue of material fact regarding his excessive force claim. See Agyeman v. Kern County Sheriff’s Dep’t., 58 Fed.Appx. 364 (9th Cir.2003).

Upon remand, on July 23, 2003, the district court dismissed Agyeman’s action for failure to prosecute after Agyeman failed to respond to an order to show cause. Apparently, Agyeman did not receive the district court’s order to show cause because he had been moved to a different facility and he notified this court, but not the district court, of his change of address.

After the district court entered judgment of dismissal, Agyeman filed a motion to file a late…