Gregory Carey v. John E. King

Carey appeals the district court’s dismissal without prejudice of his action brought pursuant to 42 U.S.C. § 1983 for failure to prosecute. He contends that the district court abused its discretion by dismissing his complaint sixty days after mail, addressed to him from the district court, was returned by the post office as undeliverable. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a district court’s order dismissing an action for failure to prosecute for an abuse of discretion. Link v. Wabash R.R. Co., 370 U.S. 626, 633 , 82 S.Ct. 1386, 1390 , 8 L.Ed.2d 734 (1962); Ash v. Cvetkov, 739 F.2d 493, 495 (9th Cir.1984), cert. denied, 470 U.S. 1007 , 105 S.Ct. 1368 , 84 L.Ed.2d 387 (1985). We affirm.

Carey filed a pro se civil rights complaint on August 8, 1986. At that time he was incarcerated at the King County jail. Soon thereafter, Carey was transferred to the State correctional facility at Walla Walla. On September 3, 1986, the district court issued an Order Directing Service of Process and Procedures which was mailed to Carey at King County jail, the address listed in his complaint. The Order was returned by the Post Office as undeliverable, and the action was…