MCALLISTER v. PENZONE (2018)

MEMORANDUM **

Arizona state prisoner Jonathan McAllister, Sr., appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his detention at Maricopa County Jail. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion a dismissal for failure to comply with a court order, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002), and we affirm.

The district court did not abuse its discretion by dismissing McAllister's action after McAllister failed to obey the court's order to file an amended complaint, because the court had already granted him an extension and warned him that failure to comply could result in dismissal. See id. at 642-43 (discussing the five factors for determining whether to dismiss under Fed. R. Civ. P. 41(b) for failure to comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (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) ). Contrary to McAllister's contention that the district court failed to rule on his motion for an extension of time to file an amended complaint, the district court denied his motion as moot because it had already sua sponte granted him an extension.

AFFIRMED.