MALIK JONES V. T. FELKER, No. 13-16415 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION SEP 4 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MALIK JONES, U.S. COURT OF APPEALS No. 13-16415 Plaintiff - Appellant, D.C. No. 2:09-cv-03092-WBSEFB v. T. FELKER, Warden; et al., MEMORANDUM* Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding Submitted August 25, 2015** Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges. Former California state prisoner Malik Jones appeals pro se from the district court’s judgment dismissing for failure to comply with a court order his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Ferdik v. Bonzelet, 963 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.2d 1258, 1260 (9th Cir. 1992). We affirm. The district court did not abuse its discretion by dismissing Jones’s action after Jones failed to file an amended complaint or to submit documents for service of process within the time ordered by the court. See Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002) (discussing the five factors for determining whether to dismiss for failure to comply with a court order); Ferdik, 963 F.2d at 1260 (although dismissal is a harsh penalty, the district court’s dismissal should not be disturbed absent “a definite and firm conviction” that it “committed a clear error of judgment” (citation and internal quotation marks omitted)). AFFIRMED. 2 13-16415

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