Michael A. Christopher, Plaintiff-appellant, v. James Gomez, Director; L. Snider, Warden, Cci Tehachapi;s.v. Salazar, C/o Howard; A. Salazar; C/o Saladna; C/ocasey; C/o Sartin; C/o Sharpe; C/o Alipaz/ C/o Clayton,(correctional Officers), Defendants-appellees, 81 F.3d 167 (9th Cir. 1996)

MEMORANDUM^** 

Michael A. Christopher, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action without prejudice based on his refusal to cooperate in discovery. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion, Toth v. Trans World Airlines, Inc., 862 F.2d 1381, 1385-86 (9th Cir. 1988), and we affirm.

Christopher contends that the district court abused its discretion when it dismissed his action without prejudice for refusal to cooperate in discovery. We disagree.

This court has held that the repeated failure to cooperate in discovery warrants the dismissal of an action with prejudice. See Malone v. U.S. Postal Service, 833 F.2d 128, 132-133 (9th Cir. 1987), cert. denied, 488 U.S. 819 (1988).

After Christopher appeared at his first scheduled deposition but refused to be sworn and deposed, the government filed a motion seeking dismissal, or in the alternative, an order compelling Christopher to comply with discovery. The district court ordered Christopher to participate in his deposition and warned him that his failure to cooperate could result in the dismissal of his action. After Christopher again refused to be sworn or deposed, the district court dismissed Christopher's action without prejudice. There was no abuse of discretion. See Malone, 833 F.2d at 132-133.

AFFIRMED.