Leonard L. Manning v. JOHN W. GAY, Mr./ Warden at ASPC CACF Private Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEONARD L. MANNING,
Plaintiff - Appellant,
v.
JOHN W. GAY, Mr./ Warden at ASPC
CACF Private Prison; et al.,
Defendants - Appellees.
No. 14-17586
D.C. No. 2:14-cv-00343-SMM-
MHB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Arizona state prisoner Leonard L. Manning appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal
claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
FILED
APR 21 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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discretion a dismissal for failure to comply with a court order. Pagtalunan v.
Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.
The district court did not abuse its discretion by dismissing Manning’s
action. Manning failed to comply with the district court order instructing him to
file an amended complaint and was warned that failure could result in dismissal of
his action. See id. at 642-43 (discussing the five factors for determining whether to
dismiss under Fed. R. Civ. P. 41(b) for failure to comply with a court order);
Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (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.
14-17586 2

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