Tommy Martin, Jr. v. J.D. Swinson, Warden C.E. Floyd, Warden Larry G. Mayo

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tommy MARTIN, Jr., Plaintiff-Appellant, v. J.D. SWINSON, Warden; C.E. Floyd, Warden; Larry G. Mayo, et al., Defendants-Appellees. No. 94-15218. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Tommy Martin, Jr. appeals pro se the district court's dismissal pursuant to Fed.R.Civ.P. 41(b) for failure to comply with the court's order to amend his complaint. We review a Rule 41(b) dismissal for an abuse of discretion. See Olivia v. Sullivan, 958 F.2d 272, 274 (9th Cir.1992). We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 Martin contends that the district court erred by dismissing his action under Rule 41(b). This contention lacks merit. 4 Ordinarily, the district court must weigh five factors before dismissing a case under Rule 41(b): (1) the public's interest in expeditious…