Robert P. Benyamini v. Sahoota;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT P. BENYAMINI,
Plaintiff - Appellant,
v.
SAHOOTA; et al.,
Defendants - Appellees.
No. 12-16863
D.C. No. 2:11-cv-02916-GEB-
EFB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Robert P. Benyamini, a former California state prisoner, appeals pro se from
the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
deliberate indifference to his medical needs and other constitutional violations. We
have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-16863 2
dismissal of an action for failure to comply with an order to file an amended
complaint, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), and we affirm.
The district court did not abuse its discretion by dismissing the action after
providing Benyamini with an opportunity to amend his complaint, apprising him of
the deficiencies of his pleading, and warning him that failure to amend would
result in dismissal. See Fed. R. Civ. P. 41(b) (allowing dismissal of action for
failure to comply with court orders); Ferdik, 963 F.2d at 1260-61 (listing factors to
guide dismissal under Rule 41(b)).
AFFIRMED.

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