Unpublished Disposition, 914 F.2d 262 (9th Cir. 1990)

MEMORANDUM^** 

Craig L. Kingston, a California state prisoner, appeals pro se the district court's order dismissing his civil rights action for failure to prosecute. We review for an abuse of discretion, see Tolbert v. Leighton, 623 F.2d 585, 586 (9th Cir. 1980), and we affirm.

In his complaint, Kingston alleged civil rights claims pursuant to 42 U.S.C. §§ 1981, 1983, and 1985 against a Los Angeles County Deputy Sheriff, various other deputies and several bank employees. Kingston alleged that his fourth amendment rights were violated because he was arrested without a warrant, and because the district attorney later determined not to prosecute him. On appeal, Kingston does not challenge the district court's dismissal for failure to prosecute. Rather, Kingston contends that his complaint sufficiently alleged a cause of action against the defendants. We need not meet the sufficiency of the alleged cause of action because we affirm the dismissal for failure to prosecute.

Kingston was given notice of the deficiencies of his complaint and two opportunities to amend. He nevertheless failed to amend his complaint. Hence, the district court did not abuse its discretion in dismissing Kingston's action for failure to prosecute. See Tolbert v. Leighton, 623 F.2d 585, 586 (9th Cir. 1980).

AFFIRMED.