Geary Turner v. C. Y. TAMPKINS, Warden, Responsible official of

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEARY TURNER,
Plaintiff - Appellant,
v.
C. Y. TAMPKINS, Warden, Responsible
official of defendants #2 & #3, sued in her
individual and official capacities; et al.,
Defendants - Appellees.
No. 13-56713
D.C. No. 5:13-cv-00563-DMG-
PJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Geary Turner, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal
claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
FILED
AUG 03 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

discretion a dismissal for failure to prosecute. Pagtalunan v. Galaza, 291 F.3d
639, 640 (9th Cir. 2002). We affirm.
The district court did not abuse its discretion in dismissing Turner’s action
without prejudice for failure to prosecute after Turner failed to file an amended
complaint as ordered by the district court. See id. at 642-43 (discussing five
factors to consider before dismissing an action for failure to prosecute); see also
Ash v. Cvetkov, 739 F.2d 493, 497 (9th Cir. 1984) (explaining that “[a] relatively
brief period of delay is sufficient to justify” a dismissal without prejudice for
failure to prosecute).
AFFIRMED.
13-56713 2

-- 2 of 2 --