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NOT FOR PUBLICATION.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, David F. Levi, J., dismissed for failure to timely file an amended complaint. Prisoner appealed. The Court of Appeals held that prisoner abandoned issue of the failure-to-prosecute rationale for dismissal of action.
Affirmed.
Page 915.
Appeal from the United States District Court for the Eastern District of California David F. Levi, District Judge, Presiding.
Before KOZINSKI, T.G. NELSON, and TALLMAN, 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.
Clarence V. Knight, a California state prisoner, appeals pro se the district court's judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to file timely an amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291. See City of Santa Clara v. Andrus, 572 F.2d 660, 665-66 (9th Cir.1978). We review for abuse of discretion and affirm. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.1992).
Because Knight failed to address the failure-to-prosecute rationale for dismissing his action, we consider this issue abandoned on appeal. See Pierce v. Multnomah County, 76 F.3d 1032, 1037 n. 3 (9th Cir.1996). Because we may not review prior orders of the district court after a dismissal for failure to prosecute, we do not reach Knight's remaining contentions. See Al- Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir.1996).
AFFIRMED.