Tony Asberry v. ALAN HERNANDEZ, Associate Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TONY ASBERRY,
Plaintiff - Appellant,
v.
ALAN HERNANDEZ, Associate Warden;
et al.,
Defendants - Appellees.
No. 15-55256
D.C. No. 3:13-cv-02573-WQH-
JLB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Tony Asberry, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs and denial of his right to access the
FILED
MAR 24 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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courts. 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), and we affirm.
The district court did not abuse its discretion in dismissing Asberry’s action
after Asberry failed to file an amended complaint. See id. at 1260-61 (setting forth
factors to consider before dismissing an action for failure to comply with a court
order). For the first time on appeal, Asberry contends that he did not receive the
district court’s August 12, 2014 order granting him leave to amend his access-to-
courts claim. Nevertheless, we affirm the district court’s dismissal of Asberry’s
action because amendment would be futile.
AFFIRMED.
15-55256 2

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