Jesse L. Youngblood v. 5 Unknown Cim Correctional Officers

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESSE L. YOUNGBLOOD,
Plaintiff - Appellant,
v.
5 UNKNOWN CIM CORRECTIONAL
OFFICERS,
Defendants-Appellees.
No. 14-55098
D.C. No. 5:11-cv-01625-JAK-E
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Jesse L. Youngblood, a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging cruel and
unusual punishment. We have jurisdiction under 28 U.S.C. § 1291. We review for
FILED
MAR 03 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002)
(dismissal for failure to comply with a court order); Hernandez v. City of El Monte,
138 F.3d 393, 398 (9th Cir. 1998) (dismissal for failure to prosecute). We affirm.
The district court did not abuse its discretion by dismissing Youngblood’s
action without prejudice because Youngblood was given leave to conduct
discovery in order to effect service, but he failed to comply with a court order to
provide the United States Marshals Service with sufficient information to serve the
defendants in this action. See Pagtalunan, 291 F.3d at 642 (setting forth factors for
a district court to consider in determining whether to dismiss for failure to comply
with a court order or failure to prosecute); see also Ash v. Cvetkov, 739 F.2d 493,
497 (9th Cir. 1984) (“[D]ismissal without prejudice is a more easily justified
sanction for failure to prosecute.”).
AFFIRMED.
14-55098 2

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