Cage v. Terhune

Full title: Rene L. CAGE, Plaintiff-Appellant, v. Cal A. TERHUNE; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2002

31 F. App'x 428 (9th Cir. 2002)

Opinion

31 Fed.Appx. 428 (9th Cir. 2002) Rene L. CAGE, Plaintiff-Appellant, v. Cal A. TERHUNE; et al., Defendants-Appellees. No. 01-16591. D.C. No. CV-00-02158-WBS. United States Court of Appeals, Ninth Circuit. February 22, 2002

Submitted February 11, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, Cage's request for oral argument is denied.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and TALLMAN, Circuit Judges.

MEMORANDUM ^**

** 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 Ninth Circuit Rule 36-3.

Rene L. Cage, a California prisoner, appeals pro se the district court's order dismissing without prejudice his 42 U.S.C. § 1983 action for failure to comply with a court order to pay a filing fee. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion the district court's dismissal of the action for failure to comply with a court order, and we affirm. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992).

We conclude that the district court did not abuse its discretion in dismissing Cage's complaint after warning him that failure to pay the fee would result in dismissal. See id. at 1260-62 (district court may dismiss an action for failure to comply with court order); 28 U.S.C. § 1915 (an action may proceed without the payment of filing fees only upon granting of in forma pauperis status).

Cage's request that this court take judicial notice of certain documents is denied.

AFFIRMED.