U.S. Court of Appeals for the Ninth Circuit, 2010

Kerry Fritz, II v. Phillip Garza

Kerry Fritz, II v. Phillip Garza
U.S. Court of Appeals for the Ninth Circuit · Decided April 1, 2010 · Schroeder, Pregerson, Rawlinson
373 F. App'x 696

Kerry Fritz, II v. Phillip Garza

Opinion

MEMORANDUM **

Kerry D. Fritz, II, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action for failure to comply with the court’s orders. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), and we affirm.

The district court did not abuse its discretion by dismissing the action after Fritz filed a third amended complaint that failed to conform with Federal Rule of Civil Procedure 8, where the district court specifically warned Fritz multiple times that failure to comply with Rule 8 would result in dismissal of his action, and properly weighed the pertinent factors for dismissal. See id. at 1260-61 (discussing factors that courts must consider in determining whether to dismiss for failure to comply with a court order).

Fritz’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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