NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 21 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERRY WAYNE YOUNG, No. 22-16496

Plaintiff-Appellant, D.C. No. 2:22-cv-00055-DAD-CKD

v.

MEMORANDUM*

PATRICK COVELLO; E. SACKETT; R.

DENNISTAN; WOOLBRIGHT, Sgt.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Submitted August 15, 2023**

Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.

California state prisoner Jerry Wayne Young appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Fourteenth

Amendment claims. We have jurisdiction under 28 U.S.C. § 1291. We review for

an abuse of discretion a dismissal for failure to comply with a court order to amend

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). We

affirm.

The district court did not abuse its discretion in dismissing without prejudice

Young’s action because Young failed to file an amended complaint despite being

warned that failure to do so would result in dismissal. See Fed. R. Civ. P. 41(b)

(district court may dismiss an action “[i]f the plaintiff fails to prosecute or to

comply with these rules or a court order”); Ferdik, 963 F.2d at 1260-62 (setting

forth factors for determining whether an action should be dismissed for failure to

comply with a court order and noting that this court may review the record

independently to determine if the district court abused its discretion).

AFFIRMED.

2 22-16496