Jerardo Rodriguez v. Cook, Director George Baldwin, Spt H.O. Scroghan

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerardo RODRIGUEZ, Plaintiff-Appellant, v. COOK, Director; George Baldwin, SPT; H.O. Scroghan, Defendants-Appellees. No. 95-36166. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Oregon state prisoner Jerardo Rodriguez appeals pro se the district court's Fed.R.Civ.P. 41(b) dismissal of his 42 U.S.C. § 1983 action with prejudice for failing to comply with an order requiring Rodriguez to timely file an amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court's dismissal for abuse of discretion, see Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 506 U.S. 915 (1992), and we affirm. 3 Rodriguez contends that the district court abused its discretion by not considering less drastic sanctions before it dismissed his action with…