Nash
Nash v. United States Department of Justice
Opinion
Lead Opinion
MEMORANDUM **
Joseph Nash appeals the district court’s dismissal of his case for failure to prosecute. We REVERSE.
As an initial matter, we note that Nash’s appeal was rendered timely by his June 3, 2002, and June 6, 2002, motions for reconsideration and his July 3, 2002, notice of appeal. See Feldman v. Allstate Ins. Co., 322 F.3d 660, 665-66 (9th Cir.2003) (holding that a timely motion for reconsideration tolls the statute of limitations even if the motion is procedurally invalid).
The district court’s order to show cause directed Nash to provide proof of service on the Executive Office of the United *458 States Attorney (EOUSA) by submitting a return receipt. Nash had already submitted a certified mail receipt and an affidavit from his attorney, but had not yet received a return receipt. Nash was thus unable to respond to the district court’s request.
Upon Nash’s failure to comply with the order to show cause, the district court dismissed the ease for failure to prosecute. This dismissal was in error. Neither the Federal Rules nor any interpretive decision requires a plaintiff who has provided the court with a certified mail receipt and an affidavit from his attorney to…