FILED
NOT FOR PUBLICATION JAN 12 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GREGORY ELL SHEHEE, No. 10-55460
Plaintiff - Appellant, D.C. No. 2:08-cv-02277-JHN-E
v.
MEMORANDUM *
LEROY D. BACA, L.A. County Sheriff,
in his Individual and Official Capacities; et
al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Jacqueline H. Nguyen, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Gregory Ell Shehee appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging that his constitutional rights were
violated while he was detained at Los Angeles County Jail while awaiting civil
*
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).
commitment proceedings under California’s Sexually Violent Predators Act. We
have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a
dismissal for failure to prosecute, Ash v. Cvetkov, 739 F.2d 493, 495 (9th Cir.
1984), and we affirm.
The district court did not abuse its discretion by dismissing the action
without prejudice after it warned Shehee that failure to file a fourth amended
complaint could result in dismissal, and granted two extensions of time to comply
with its order. See id. at 496 (discussing factors to consider in determining
whether a district court abuses its discretion by dismissing an action for failure to
prosecute).
Shehee’s remaining contentions, including those concerning the district
court’s orders dismissing his third amended complaint with leave to amend and
denying his request for appointment of counsel, are unpersuasive.
AFFIRMED.
2 10-55460