FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BILLY RAY O’NEAL, No. 09-16569
Plaintiff - Appellant, D.C. No. 4:08-cv-04669-SBA
v.
MEMORANDUM *
COUNTY OF SAN FRANCISCO; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Saundra B. Armstrong, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 09-16569