Patrick J. Garry v. Portland Futon Company Incorporated, an Oregon Corporation

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick J. GARRY, Plaintiff-Appellant, v. PORTLAND FUTON COMPANY INCORPORATED, an Oregon corporation, Defendant-Appellee. No. 95-35769. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Patrick J. Garry appeals the district court's dismissal of his Title VII, 42 U.S.C. § 2000e-2, action under Fed.R.Civ.P. 41(b) for failure to file a timely amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review for abuse of discretion the district court's dismissal under Rule 41(b). See Eldridge v. Block, 832 F.2d 1132, 1136 (9th Cir.1987). 4 The district court may dismiss an action under Rule 41(b) if the plaintiff fails to prosecute his case, fails to comply with the applicable rules of procedure, or fails to abide by a court order. Fed.R.Civ.P. 41(b); see Malone…