Anthony Richardo Turner v. Latisha Lawson

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTHONY RICHARDO TURNER,
Plaintiff - Appellant,
v.
LATISHA LAWSON; DIRECTOR OF
THE UNIVERSITY OF DAVIS
MEDICAL HEALTH RECORDS
INFORMATION MANAGEMENT
DEPT.,
Defendants - Appellees.
No. 11-15649
D.C. No. 2:10-cv-00057-GEB-
KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Anthony Richardo Turner, a California state prisoner, appeals pro se from
the district court’s judgment dismissing his action alleging denial of access to his
FILED
JUL 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-15649 2
medical records and constitutional violations regarding his medical care. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
district court’s dismissal for failure to prosecute. Ash v. Cvetkov, 739 F.2d 493,
495 (9th Cir. 1984). We affirm.
The district court did not abuse its discretion by dismissing the action
without prejudice because Turner failed to file an amended complaint after being
warned that failure to do so would result in dismissal. See id. at 496-97 (listing
factors to consider before dismissing an action for lack of prosecution and
explaining that “[a] relatively brief period of delay is sufficient to justify” a
dismissal without prejudice for failure to prosecute).
Turner’s remaining contentions are unpersuasive.
AFFIRMED.

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