U.S. Court of Appeals for the Ninth Circuit, 2011

Billy O'Neal v. County of San Francisco

Billy O'Neal v. County of San Francisco
U.S. Court of Appeals for the Ninth Circuit · Decided June 8, 2011 · Pregerson, Thomas, Paez
436 F. App'x 822

Billy O'Neal v. County of San Francisco

Opinion

MEMORANDUM **

Billy Ray O’Neal, a California state prisoner, appeals pro se from the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 action alleging excessive force. We review for an abuse of discretion a district court’s dismissal under its local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam). We reverse and remand.

Under the circumstances set forth in O’Neal’s briefs and the district court record, dismissal of the action was an abuse of discretion.

O’Neal’s motion to file a supplemental opening brief, filed on March 8, 2011, is granted.

REVERSED and REMANDED.

**

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

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