Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
State prisoner brought § 1983 action. The United States District Court for the Eastern District of California, Frank C. Damrell, Jr., J., dismissed without prejudice. Prisoner appealed. The Court of Appeals held that prisoner's failure to amend his complaint, after adequate warning and explanation of deficiencies in pleadings by magistrate judge, warranted dismissal of the action.
Affirmed.
Page 530.
Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding.
Before HAWKINS, TASHIMA, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Giles Aubrey Jr., a California state prisoner, appeals pro se the district court's Fed.R.Civ.P. 41(b) dismissal without prejudice of his 42 U.S.C. § 1983 action for failing to comply with a magistrate judge's order requiring Aubrey to submit a fourth amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir.1996), and we affirm.
The record demonstrates that the magistrate judge adequately explained the deficiencies of Aubrey's pleadings, afforded him ample time to amend his complaint, and explicitly warned him that failure to follow the court's final order would result in the dismissal of his action. See id. at 1177-78. Because Aubrey failed to amend his complaint, the district court did not abuse its discretion by dismissing his action. See id.
AFFIRMED.