Fred F. Orellana v. S. Irizary;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRED F. ORELLANA,
Plaintiff - Appellant,
v.
S. IRIZARY; et al.,
Defendants - Appellees.
No. 14-16425
D.C. No. 2:14-cv-00459-CKD
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Carolyn K. Delaney, Magistrate Judge, Presiding**
Submitted March 10, 2015***
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Fred F. Orellana, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action without prejudice for
FILED
MAR 27 2015
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.
** Orellana consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

failure to comply with a court order. We have jurisdiction under 28 U.S.C. § 1291.
We review for an abuse of discretion. Ferdik v. Bonzelet, 963 F.2d 1258, 1260
(9th Cir. 1992). We affirm.
The district court did not abuse its discretion in dismissing Orellana’s action
after warning him that failure to file a second amended complaint would result in
dismissal of his action, and providing him with ample time to do so. See id. at
1060-61 (although 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 quotations omitted)).
Because we affirm on the basis of Orellana’s failure to comply with a court
order, we do not address Orellana’s contentions concerning the merits of his
claims.
AFFIRMED.
14-16425 2

-- 2 of 2 --