Louis Butler O'Neal v. C/o Peterson of 21 Gun Tower of Old Folsom State Prison

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Louis Butler O'NEAL, Plaintiff-Appellant, v. C/O PETERSON of # 21 Gun Tower of Old Folsom State Prison, Defendant-Appellee. No. 88-15704. United States Court of Appeals, Ninth Circuit. Submitted Oct. 23, 1989. * Decided Dec. 18, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Louis Robert O'Neal, a California state prisoner, appeals pro se the district court's order dismissing without prejudice his 42 U.S.C. § 1983 action for lack of prosecution. The district court based the dismissal on Fed.R.Civ.P. 41(b) and United States District Court for the Eastern District of California Local Rule 271(a). Local Rule 271(a) permits a court to place on its dismissal calendar any action that has been pending for more than six months and in which the plaintiff has failed to take action for more than six months. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review a…