CAREY v. KING

No. 86-4335.

856 F.2d 1439 (1988)

Gregory CAREY, Plaintiff-Appellant, v. John E. KING, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1988.


Attorney(s) appearing for the Case

Eugene I. Annis, Lukins & Annis, P.S., Spokane, Wash., for plaintiff-appellant.

No appearance for defendant-appellee.

Before WALLACE, SNEED and POOLE, Circuit Judges.


PER CURIAM:

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...

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