Albert O'ROuRke v. United States

U.S. Court of Appeals for the Ninth Circuit
Albert O'ROuRke v. United States, 489 F. App'x 232 (9th Cir. 2013)
Goodwin, Wallace, Fisher

Albert O'ROuRke v. United States

Opinion

MEMORANDUM **

Albert O’Rourke appeals pro se from the district court’s judgment dismissing for failure to prosecute his action alleging federal and state law claims related to eviction and unlawful detainer proceedings against O’Rourke. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996), and we affirm.

The district court did not abuse its discretion by dismissing O’Rourke’s action because O’Rourke failed to serve his *233 amended complaint, to respond to the district court’s notice regarding potential dismissal of his action for failure to prosecute, and to provide a credible explanation for his inaction and delay. See Fed.R.Civ.P. 41(b); Al-Torki, 78 F.3d at 1384 (discussing factors to be considered in dismissing an action for failure to prosecute).

O’Rourke’s contentions regarding defendants’ alleged conspiracy to try to obtain nuclear weapons studies and related information allegedly stored in the O’Rourke residence are not supported by the record.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
Albert O’ROURKE, Plaintiff-Appellant, v. UNITED STATES of America; Et Al., Defendants-Appellees
Status
Unpublished