465 F. App'x 667

Rick Alton FOLEY, Plaintiff-Appellant, v. Dora SCHRIRO, Director; et al., Defendants—Appellees.

No. 09-17037.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2011.*

Filed Jan. 9, 2012.

Rick Alton Foley, Florence, AZ, pro se.

Wanda Hofmann, Esquire, Assistant Attorney General, Office of the Arizona Attorney General, Tucson, AZ, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

MEMORANDUM **

Rick Alton Foley, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal under Fed.R.Civ.P. 41(b). Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). We affirm.

The district court did not abuse its discretion by dismissing Foley’s action with prejudice for failure to comply with a court order because Foley failed to respond to the court’s order requiring him to complete his portion of the Joint Pretrial Order, despite being warned that failure to do so could lead to dismissal. See Fed. R.Civ.P. 41(b); see also Henderson, 779 F.2d at 1423 (listing factors to consider before dismissing under Rule 41(b)).

Foley’s remaining contentions are unpersuasive.

AFFIRMED.

Foley v. Schriro
465 F. App'x 667

Case Details

Name
Foley v. Schriro
Decision Date
Jan 9, 2012
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465 F. App'x 667

Jurisdiction
United States

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