Albert P. Wilson v. IRVIN, Medical Technical Assistant;

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NOT FOR PUBLICATION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
ALBERT P. WILSON,
Plaintiff - Appellant,
v.
IRVIN, Medical Technical Assistant; et
al.,
Defendants - Appellees.
No. 08-56409
D.C. No. 3:05-cv-01774-DMS-
AJB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
California state prisoner Albert P. Wilson appeals pro se from the district
court’s judgment dismissing for failure to effectuate service of process his
FILED
MAR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-56409 2
42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical
needs. We have jurisdiction under 28 U.S.C. § 1291. We reverse and remand.
The district court erred in concluding that Wilson’s transfer from Calipatria
State Prison deprived it of jurisdiction to issue a contempt citation and impose
sanctions on the Calipatria State Prison litigation coordinator for failure to comply
with its July 10, 2006 order granting in part and denying in part Wilson’s motion
regarding service of process. See Shillitani v. United States, 384 U.S. 364, 370
(1966) (“There can be no question that courts have inherent power to enforce
compliance with their lawful orders through civil contempt.”).
The district court should strongly consider appointment of counsel on
remand.
REVERSED and REMANDED.

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