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78 F. App'x 608

Andrews v. Carey

U.S. Courts of Appeals

Decided October 17, 2003

U.S. Courts of Appeals · decided 2003-10-17

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 2004

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

Relies on Herman Resnick v. Warden Hayes Lt. Ernst Officer Myers (Dho) Counselor Aune Officer Wade · United States v. Fine · Yourish v. California Amplifier

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-17

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¶1MEMORANDUM

¶2Antolin Andrews, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

¶3Dismissal was proper because Andrews’ amended complaint failed to affirmatively link any actions of the named defendant to the alleged constitutional deprivations. See Ortez v. Washington County, 88 F.3d 804, 809 (9th Cir.1996). Moreover the complaint did not comply with the district court’s previous order requiring amendment pursuant to Fed.R.Civ.P. 8. The order warned Andrews that failure to comply could lead to dismissal with prejudice, and provided him with thirty days to file an amended complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1261-62 (9th Cir.1992).

¶4Under these circumstances, the district court did not abuse its discretion by dismissing Andrews’ action without further leave to amend. See Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir.1999).

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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