Anthony Ray Evans v. DENNIS L. BECK, Judge;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTHONY RAY EVANS,
Plaintiff - Appellant,
v.
DENNIS L. BECK, Judge; et al.,
Defendants - Appellees.
No. 13-15974
D.C. No. 1:12-cv-00284-AWI-
MJS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
California state prisoner Anthony Ray Evans appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants
violated his Eighth Amendment and due process rights. We have jurisdiction
under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for
FILED
MAR 17 2014
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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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 Evans’s action
because Evans failed to comply with the court’s order to file a fourth amended
complaint. See id. at 642-43 (discussing factors relevant to dismissal for failure to
comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.
1992) (explaining that, although dismissal is a harsh penalty, the district court’s
dismissal should not be disturbed unless there is a “definite and firm conviction
that the court below committed a clear error of judgment in the conclusion it
reached upon a weighing of the relevant factors” (citations and internal quotation
marks omitted)).
Evans’s contentions concerning alleged misconduct by the magistrate judge
are not supported by the record.
Evans’s request for a preliminary injunction, filed on January 24, 2014, is
denied.
AFFIRMED.
13-15974 2

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