From Casetext: Smarter Legal Research

Poslof v. Pleasant Valley State Prison

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
408 F. App'x 6 (9th Cir. 2010)

Opinion

No. 09-15605.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Lonnie Lee Poslof, Sr., Corcoran, CA, pro se.

Appeal from the United States District Court for the Eastern District of California, Lawrence J. O'Neill, District Judge.

Before: O'SCANNLAIN, LEAVY and TALLMAN, Circuit Judges.



MEMORANDUM

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

Lonnie Poslof, a California state prisoner, appeals pro se from the district court's order dismissing his 42 U.S.C. § 1983 action under Rule 41(b) of the Federal Rules of Civil Procedure for failure to file an amended complaint after the district court dismissed his complaint with leave to amend. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Yourish v. Cal. Amplifier, 191 F.3d 983, 989 (9th Cir. 1999). We affirm.

The district court gave Poslof notice of the insufficiencies of his amended complaint, dismissed it with leave to amend, warned him that failure to amend would result in dismissal of his action, and provided him with ample opportunity to submit a second amended complaint, but Poslof failed to do so. We therefore affirm the district court's dismissal of the action. See id. at 992 (affirming dismissal of action following plaintiffs failure to amend complaint after receiving leave to do so, where the interest in expeditious resolution of litigation, the court's management of its docket, and avoiding prejudice to defendants favored dismissal).

The district court did not abuse its discretion by denying Poslof s request for the appointment of counsel because he did not establish the requisite exceptional circumstances. See Ternell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (setting forth standard for appointment of counsel).

Poslofs remaining contentions, to the extent we are able to understand them, are unpersuasive.

AFFIRMED.


Summaries of

Poslof v. Pleasant Valley State Prison

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
408 F. App'x 6 (9th Cir. 2010)
Case details for

Poslof v. Pleasant Valley State Prison

Case Details

Full title:Lonnie Lee POSLOF, Sr., Plaintiff-Appellant, v. PLEASANT VALLEY STATE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2010

Citations

408 F. App'x 6 (9th Cir. 2010)