Gregory Carey v. John E. King

856 F.2d 1439 · Court of Appeals for the Ninth Circuit · 1988

Facts

Carey, a pro se litigant, filed a civil rights complaint while incarcerated. The district court's order was mailed to his initial address but returned as undeliverable after he was transferred to another facility. Sixty days later, the district court dismissed his action without prejudice for failure to prosecute, pursuant to a local rule.

Issue

Did the district court abuse its discretion by dismissing Carey's pro se action without prejudice for failure to prosecute, sixty days after mail was returned as undeliverable, given his lack of notice and the absence of alternative sanctions?

Holding

The appellate court affirmed the district court's dismissal, finding no abuse of discretion. The local rule itself provided sufficient notice, and no less drastic sanction was feasible given the court's inability to communicate with the plaintiff.

Rule

A district court may dismiss a pro se plaintiff's action without prejudice for failure to prosecute if the plaintiff fails to keep the court apprised of their correct address, especially when mail is returned as undeliverable and the plaintiff does not update their address within a specified period, as outlined in local rules.

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Case brief last reviewed 2026-06-08. Prepared by CaseReader from the published opinion.