FILED
NOT FOR PUBLICATION APR 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KERRY D. FRITZ, II, No. 09-15566
Plaintiff - Appellant, D.C. No. 1:07-cv-00377-OWW-
DLB
v.
PHILLIP GARZA, KCSO Deputy; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
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
*
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).
EN/Research
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.
EN/Research 2 09-15566