Juan C.G. Gomez v. S. Birondo G. Chambers Officer Ramirez

Good Law
967 F.2d 586·1992 WL 153007·1992 U.S. App. LEXIS 24017
United States Court of Appeals for the Ninth CircuitJuly 6, 199291-15731California1,031 words

Opinion

Opinion

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan C.G. GOMEZ, Plaintiff-Appellant, v. S. BIRONDO; G. Chambers; Officer Ramirez, Defendants-Appellees. No. 91-15731. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided July 6, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Juan C.G. Gomez, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action before service of process for failure to comply with a court order to file an amended complaint. The district court dismissed the original complaint in part for failure to comply with Fed.R.Civ.P. 8(a). We review for an abuse of discretion, McKeever v. Block, 932 F.2d 795, 797 (9th Cir.1991), and we affirm in part, reverse in part, and remand for service of process. 3 A district court may dismiss an action sua sponte before service of process for an unreasonable failure to prosecute. Id. A…

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