Juan C.G. Gomez v. James K. Rowland, Director, California Department of Corrections

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James K. ROWLAND, Director, California Department of Corrections, Defendant-Appellee. No. 91-16111. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 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 for failure to comply with Federal Rule of Civil Procedure 8(a). We review for an abuse of discretion, 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 complaint…