Clarence Hickman, Sr. v. County of Butte

U.S. Court of Appeals for the Ninth Circuit
Clarence Hickman, Sr. v. County of Butte, 586 F. App'x 296 (9th Cir. 2014)

Clarence Hickman, Sr. v. County of Butte

Opinion

MEMORANDUM **

Clarence B. Hickman, Sr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with a court order. We review the dismissal for an abuse of discretion, Nevijel v. N. Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir. 1981), and we affirm.

The district court did not abuse its discretion in dismissing Hickman’s action following Hickman’s failure to file an appropriate amendment, because the district court specifically warned Hickman that his action could be dismissed if he failed to file a compliant amended complaint. See id. at 673-74 (a complaint which fails to comply with Rule 8 may be dismissed under Rule 41(b)); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (discussing factors relevant for failure to comply with court order and explaining that, although dismissal is a harsh penalty, district court’s dismissal should not be disturbed unless there is a “definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors” (citations and internal quotation marks omitted)).

AFFIRMED.

**

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

Reference

Full Case Name
Clarence B. HICKMAN, Sr., Plaintiff-Appellant, v. COUNTY OF BUTTE; Et Al., Defendants-Appellees
Status
Unpublished