CARL LOVE V. JAMES YATES, No. 12-16381 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 11 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARL R. LOVE, No. 12-16381 Plaintiff - Appellant, D.C. No. 1:10-cv-02304-BAM v. MEMORANDUM* JAMES A. YATES, Warden, Warden at PVSP; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Barbara McAuliffe, Magistrate Judge, Presiding** Submitted November 19, 2013*** Before: CANBY, TROTT, and THOMAS, Circuit Judges. California state prisoner Carl R. Love appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Love consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640-41 (9th Cir. 2002). We affirm. The district court did not abuse its discretion by dismissing the action for failure to comply with the court s March 6, 2012 order, which required Love to provide information sufficient for the United States Marshal to identify the sole remaining defendant Doe Two. See id. at 642-43 (discussing factors relevant to dismissal for failure to comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (explaining that, although dismissal is a harsh penalty, the district court s dismissal should not be disturbed unless there is a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors (citations and internal quotation marks omitted)). In light of our conclusion, we do not consider Love s contentions concerning the merits of his case. AFFIRMED. 2 12-16381

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