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444 F. App'x 974

Gilbert Serrano, Sr. v. C. Romo

U.S. Courts of Appeals

Decided July 25, 2011

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U.S. Courts of Appeals · decided 2011-07-25

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on United States v. Fine

Decided 2011-07-25

¶1 MEMORANDUM …

¶2 California state prisoner Gilbert Israel Serrano, Sr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging claims for denial of due process and inadequate medical care. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the dismissal of an action for failure to comply with a court order, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and we affirm.

¶3 The district court did not abuse its discretion in dismissing Serrano’s action after he obtained extensions and clarifications but failed to comply with two orders requiring him to file an amended complaint or face dismissal. See Fed.R.Civ.P. 41(b) (allowing dismissal of action for failure to prosecute or comply with court orders); see also Ferdik, 963 F.2d at 1260-61 (fist-ing factors to guide decision about whether to dismiss under Rule 41(b)). Dismissal followed the court’s exploration of less drastic alternatives, and, under the circumstances, served both the public’s interest in expeditiously resolving litigation and the court’s interest in managing its docket. See Ferdik, 963 F.2d at 1262-63 (dismissal appropriate where three out of five factors strongly support it).

¶4 Serrano’s remaining contentions are unpersuasive.

¶5 AFFIRMED.

…

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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