Unpublished Disposition, 917 F.2d 566 (9th Cir. 1990)

MEMORANDUM^** 

Julia Fraley appeals pro se the district court's dismissal of her 42 U.S.C. § 1983 and civil RICO action for failure to comply with the court's instructions to amend her complaint to show subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

In reviewing a dismissal for failure to comply with the court's instructions, Fed. R. Civ. P. 41(b), we must determine whether the district court abused its discretion by inadequately investigating the availability of less drastic alternatives to dismissal. Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987). "The exercise of [the court's] discretion to dismiss requires only that possible and meaningful alternatives be reasonably explored, bearing in mind the drastic foreclosure of rights that dismissal effects." Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir. 1981).

In this case, the district court explored less drastic alternatives by twice advising Fraley that the allegations in her complaint fell within the domestic relations exception to this court's jurisdiction. See Nevijel, 651 F.2d at 674. The district court gave Fraley two opportunities to amend her complaint to show subject matter jurisdiction. Fraley, however, failed to amend her complaint on either occasion. Her inability to comply with the district court's instructions indicated the futility of giving yet other opportunities to amend. Therefore, the district court did not abuse its discretion in dismissing Fraley's action for failure to comply with the court's orders. See Eldridge, 832 F.2d at 1137.

AFFIRMED.