FILED
NOT FOR PUBLICATION JUL 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT P. BENYAMINI, No. 11-16838
Plaintiff - Appellant, D.C. No. 2:09-cv-02453-FCD-
EFB
v.
M. FORSYTHE, Correctional Officer; et MEMORANDUM *
al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Robert P. Benyamini, a California state prisoner, appeals pro se from the
district court’s judgment dismissing, without prejudice, his 42 U.S.C. § 1983
action alleging unconstitutional use of excessive force and retaliation. 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).
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
district court’s dismissal for failure to prosecute. Ash v. Cvetkov, 739 F.2d 493,
495 (9th Cir. 1984). We affirm.
The district court did not abuse its discretion by dismissing the action
because Benyamini failed to effect service of process against defendants or file an
amended complaint, after being warned that failure to do so would result in
dismissal. See id. at 496-97 (listing factors to consider before dismissing an action
for lack of prosecution and explaining that “[a] relatively brief period of delay is
sufficient to justify” a dismissal without prejudice for failure to prosecute).
Benyamini’s remaining contentions are unpersuasive.
Benyamini’s requests in his letter received on November 23, 2011 are
denied.
AFFIRMED.
2 11-16838