Leonard J. Porto Iii v. JASON FARRIS, Police Officer, individual and official capacity;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEONARD J. PORTO III,
Plaintiff-Appellant,
v.
JASON FARRIS, Police Officer, individual
and official capacity; et al.,
Defendants-Appellees.
No. 16-55126
D.C. No. 8:14-cv-01890-DOC-PLA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Leonard J. Porto, III, appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action for failure to comply with court orders. We
have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion.
Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-55126
The district court did not abuse its discretion by dismissing Porto’s action
because Porto failed to comply with the district court’s orders instructing him to
file an amended complaint comporting with Federal Rule of Civil Procedure 8 and
curing the deficiencies identified in its prior screening orders. 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” (citations and internal quotation
marks omitted)).
We reject as meritless Porto’s contentions that the district court erred by
screening his in forma pauperis complaints and by resolving his case without
discovery.
AFFIRMED.

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