914 F2d 262 Kingston v. Musgrave

914 F.2d 262

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Craig Lawrence KINGSTON, Petitioner-Appellant,
v.
Charles MUSGRAVE, et al., Respondents-Appellees.

No. 89-55402.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 18, 1990.
Decided Sept. 20, 1990.

Before GOODWIN, Chief Judge, HUG and BEEZER, Circuit Judges.

1

MEMORANDUM**

2

Craig L. Kingston, a California state prisoner, appeals pro se the district court's order dismissing his civil rights action for failure to prosecute. We review for an abuse of discretion, see Tolbert v. Leighton, 623 F.2d 585, 586 (9th Cir.1980), and we affirm.

3

In his complaint, Kingston alleged civil rights claims pursuant to 42 U.S.C. Secs. 1981, 1983, and 1985 against a Los Angeles County Deputy Sheriff, various other deputies and several bank employees. Kingston alleged that his fourth amendment rights were violated because he was arrested without a warrant, and because the district attorney later determined not to prosecute him. On appeal, Kingston does not challenge the district court's dismissal for failure to prosecute. Rather, Kingston contends that his complaint sufficiently alleged a cause of action against the defendants. We need not meet the sufficiency of the alleged cause of action because we affirm the dismissal for failure to prosecute.

4

Kingston was given notice of the deficiencies of his complaint and two opportunities to amend. He nevertheless failed to amend his complaint. Hence, the district court did not abuse its discretion in dismissing Kingston's action for failure to prosecute. See Tolbert v. Leighton, 623 F.2d 585, 586 (9th Cir.1980).

5

AFFIRMED.

*

The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3