Malik Jones v. T. FELKER, Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MALIK JONES,
Plaintiff - Appellant,
v.
T. FELKER, Warden; et al.,
Defendants - Appellees.
No. 13-16415
D.C. No. 2:09-cv-03092-WBS-
EFB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Former California state prisoner Malik Jones appeals pro se from the district
court’s judgment dismissing for failure to comply with a court order his 42 U.S.C.
§ 1983 action alleging constitutional violations. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion. Ferdik v. Bonzelet, 963
* 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).
FILED
SEP 4 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 13-16415
F.2d 1258, 1260 (9th Cir. 1992). We affirm.
The district court did not abuse its discretion by dismissing Jones’s action
after Jones failed to file an amended complaint or to submit documents for service
of process within the time ordered by the court. See Pagtalunan v. Galaza, 291
F.3d 639, 642-43 (9th Cir. 2002) (discussing the five factors for determining
whether to dismiss for failure to comply with a court order); Ferdik, 963 F.2d at
1260 (although dismissal is a harsh penalty, the district court’s dismissal should
not be disturbed absent “a definite and firm conviction” that it “committed a clear
error of judgment” (citation and internal quotation marks omitted)).
AFFIRMED.

-- 2 of 2 --