Leon Smith v. State of California

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leon SMITH, Petitioner-Appellant, v. STATE OF CALIFORNIA, Respondent-Appellee. No. 91-15502. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 18, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Leon Smith, a California state prisoner, appeals pro se the district court's sua sponte dismissal without prejudice of his 42 U.S.C. § 1983 action pursuant to Fed.R.Civ.P. 41(b) for failure to comply with a court order to amend the complaint. 1 The district court dismissed the initial complaint for failure to comply with Fed.R.Civ.P. 8. We review for an abuse of discretion, Denton v. Hernandez, 60 U.S.L.W. 4346 , 4348 (May 4, 1992); McKeever v. Block, 932 F.2d 795, 797 (9th Cir.1991), and we affirm. 3 A district court may dismiss an action sua sponte before service of process for an unreasonable failure to prosecute. Id. A refusal to file an amended…