Tobias Baca v. Robert Ewing

402 F. App'x 286

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 2, 2010
• Docket: 09-16491
• Status: Unpublished

Opinion

MEMORANDUM **

Tobias I. Baca appeals pro se from the district court’s judgment dismissing his action without prejudice under Federal Rule of Civil Procedure 41(b). We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Ash v. Cvetkov, 739 F.2d 493, 495 (9th Cir.1984), and we affirm.

The district court did not abuse its discretion by dismissing the action without prejudice for lack of prosecution because Baca failed to comply with Arizona Local Rule 3.8(a) and failed to appear in response to the court’s order to show cause. See id. at 496-97 (listing factors to consider before dismissing an action for lack of prosecution and explaining that “[a] relatively brief period of delay is sufficient to justify” a dismissal without prejudice for failure to prosecute). Accordingly, we do not address Baca’s contentions about the merits.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.