Jesse Holliday, Plaintiff-appellant, v. James Roeder; Sgt. Morillas; Clifford Gessner;auburn-faith Memorial Hospital; Charles Pacheco,defendants-appellees, 89 F.3d 845 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 89 F.3d 845 (9th Cir. 1996) Submitted April 22, 1996. *Decided April 29, 1996

Before: HALL, THOMPSON and RYMER, Circuit Judges.

MEMORANDUM** 

Former California state prisoner Jesse Holliday appeals pro se the district court's dismissal of his civil rights action pursuant to Fed. R. Civ. P. 41(b) after he failed to file a second amended complaint in accord with the district court's order. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, In re Dominquez, 51 F.3d 1502, 1508 n. 5 (9th Cir. 1995), and affirm.

We agree with the district court that the dismissal of Holliday's action with prejudice was warranted because he failed to comply with the district court order instructing him to file a second amended complaint to overcome constitutional and factual deficiencies in his civil rights action. See Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915(d); Neitzke v. Williams, 490 U.S. 319, 325 (1989).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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