Robert Winters v. Susan Hubbard

FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT ANTHONY WINTERS, No. 10-15667
Plaintiff - Appellant, D.C. No. 1:08-cv-01681-LJO-DLB
v.
MEMORANDUM *
SUSAN HUBBARD, Director of CDCR;
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
California state prisoner Robert Anthony Winters appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to obey
a court order. We have jurisdiction under 28 U.S.C. § 1291. We review for an
*
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).
abuse of discretion, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), and
we affirm.
The district court did not abuse its discretion in dismissing Winters’s action
after twice providing notice, an opportunity to amend, and a warning that failure to
amend or provide notice of his desire to proceed with the claims that survived
screening would lead to dismissal. See id. at 1261 (district court did not abuse its
discretion in dismissing for failure to obey a court order where litigation had lasted
a year and a half and district court had provided plaintiff with opportunities to
amend, instructions, and notice of potential dismissal for failure to obey the order);
see also Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004)
(plaintiff’s failure to amend complaint or notify court of intent to stand on
unamended complaint justifies dismissal under Fed. R. Civ. P. 41(b)).
Winters’s remaining contentions are unpersuasive.
Winters’s emergency motion, filed on July 8, 2010, is construed as a motion
to supplement the opening brief and to supplement the record on appeal, and is
denied.
AFFIRMED.
2 10-15667