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Baca v. Ewing

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 286 (9th Cir. 2010)

Opinion

No. 09-16491.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 2, 2010.

Tobias I. Baca, pro se.

Appeal from the United States District Court for the District of Arizona, Frederick J. Martone, District Judge, Presiding. D.C. No. 2:09-cv-00687-ECV.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

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

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 re-view 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.


Summaries of

Baca v. Ewing

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 286 (9th Cir. 2010)
Case details for

Baca v. Ewing

Case Details

Full title:Tobias I. BACA, aka Tobias Baca, Plaintiff-Appellant, v. Robert N. EWING…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 2, 2010

Citations

402 F. App'x 286 (9th Cir. 2010)