Rodolfo Moreno v. Lori Timmons, Programs Counselor

87 F.3d 1321 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodolfo MORENO, Plaintiff-Appellant, v. Lori TIMMONS, Programs Counselor, Defendant-Appellee. No. 95-15765. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Rodolfo Moreno appeals pro se the district court's Fed.R.Civ.P. 41(b) dismissal of his action for failing to comply with the court's order requiring him to file an amended complaint within thirty days. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand. 3 We review for abuse of discretion a district court's dismissal of an action pursuant to Fed.R.Civ.P. 41(b) for failure to comply with a court's order requiring the timely submission of an amended complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 506 U.S. 915 (1992). 4 Here, the district court improperly dismissed…