Carey v. King

Carey appeals the district courts 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 courts order dismissing an action for failure to prosecute for an abuse of discretion. Link v. Wabash R.R. Co., 370 U.S. 626, 633, 8 L. Ed. 2d 734, 82 S. Ct. 1386 (1962); Ash v. Cvetkov, 739 F.2d 493, 495 (9th Cir. 1984), cert. denied, 470 U.S. 1007, 84 L. Ed. 2d 387, 105 S. Ct. 1368 (1985). We affirm.