Baskett

Baskett v. Quinn

Good Law
225 F. App'x 639
United States Court of Appeals for the Ninth CircuitMarch 21, 2007No. 06-35387California374 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Ronald L. Baskett appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e) for failure to state a claim. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We review for abuse of discretion a dismissal for failure to comply with an order requiring the timely submission of an amended complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). We affirm.

As the April 18, 2006 dismissal order incorporated the prior order dismissing with leave to amend, we review the prior order to the extent it affected the final judgment. See Chacon v. Wood, 36 F.3d 1459, 1467 (9th Cir.1994). The district court properly concluded Baskett failed to state a claim because the complaint failed to allege defendant’s personal involvement in an Eighth Amendment violation and the doctrine of respondeat superior is not applicable. See Bonner v. Lewis, 857 F.2d 559, 566 (9th Cir.1988). Moreover, because the district court advised Baskett how to cure the complaint’s deficiencies, warned him that the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.