NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 4 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTHONY PIERCE GRIGSBY, No. 15-56355
Plaintiff-Appellant, D.C. No. 5:14-cv-02316-JAK-JC
v.
MEMORANDUM*
HECTOR DANIEL LUDI, Medical Doctor,
Attending Staff Physician, individual and
official capacity; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
California state prisoner Anthony Pierce Grigsby appeals pro se from the
district court’s judgment dismissing for failure to prosecute his 42 U.S.C. § 1983
action alleging deliberate indifference to a serious medical need. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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.
Omstead v. Dell, Inc., 594 F.3d 1081, 1084 (9th Cir. 2010). We vacate and
remand.
Although the district court did not abuse its discretion by dismissing
Grigsby’s action for failure to prosecute, see id., Grigsby attached to his notice of
appeal prison mail logs and a declaration indicating that Grigsby never received
the district court’s February 19, 2015 or March 20, 2015 orders. Because the
district court did not have the benefit of these documents, we vacate the judgment
of dismissal and remand so the district court can permit Grigsby to file a response
to the order to show cause.
VACATED and REMANDED.
2 15-56355