Ngugi Fred Nganga v. Ucla Harbor Medical Center

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NGUGI FRED NGANGA,
Plaintiff - Appellant,
v.
UCLA HARBOR MEDICAL CENTER,
Defendant - Appellee.
No. 08-55805
D.C. No. 2:07-cv-07925-UA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Alicemarie H. Stotler, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Ngugi Fred Nganga appeals pro se from the district court’s order
administratively closing his action for failure to submit a complaint or petition to
the court. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
FILED
MAR 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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of discretion, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002), and we
vacate and remand.
The record indicates that Nganga’s complaint was lodged with the district
court on December 5, 2007, and docketed on December 12, 2007. Accordingly,
Nganga did not fail to submit a complaint, and we vacate and remand for further
proceedings.
Nganga shall bear his own costs on appeal.
VACATED and REMANDED.

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