TOBIAS I. BACA, AKA Tobias Baca v. Robert N. Ewing;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TOBIAS I. BACA, AKA Tobias Baca,
Plaintiff - Appellant,
v.
ROBERT N. EWING; et al.,
Defendants - Appellees.
No. 09-16491
D.C. No. 2:09-cv-00687-ECV
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.
Tobias I. Baca appeals pro se from the district court’s judgment dismissing
his action without prejudice under Federal Rule of Civil Procedure 41(b). We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Ash v.
Cvetkov, 739 F.2d 493, 495 (9th Cir. 1984), and we affirm.
FILED
NOV 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-16491 2
The district court did not abuse its discretion by dismissing the action
without prejudice for lack of prosecution because Baca failed to comply with
Arizona Local Rule 3.8(a) and failed to appear in response to the court’s order to
show cause. See id. at 496-97 (listing factors to consider before dismissing an
action for lack of prosecution and explaining that “[a] relatively brief period of
delay is sufficient to justify” a dismissal without prejudice for failure to prosecute).
Accordingly, we do not address Baca’s contentions about the merits.
AFFIRMED.

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