Opinion
No. 11-15649 D.C. No. 2:10-cv-00057-GEB-KJN
07-09-2012
ANTHONY RICHARDO TURNER, Plaintiff - Appellant, v. LATISHA LAWSON; DIRECTOR OF THE UNIVERSITY OF DAVIS MEDICAL HEALTH RECORDS INFORMATION MANAGEMENT DEPT., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
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 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.