FILED
NOT FOR PUBLICATION JAN 03 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERT O’ROURKE, No. 11-55118
Plaintiff - Appellant, D.C. No. 3:10-cv-00302-W-POR
v.
MEMORANDUM *
UNITED STATES OF AMERICA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 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.
2 11-55118