Alexanne Marie Danis v. Berry

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Alexanne Marie Danis’s § 1983 action without prejudice. The dismissal was based on failure to obey court orders, failure to keep the Court apprised of her current address, and failure to comply with Local Rule 183(b).

Holdings

1. Dismissal without prejudice was warranted because the relevant dismissal factors favored dismissal where plaintiff failed to maintain a current address, disobeyed court orders, and failed to prosecute the action.
2. The court adopted the June 30, 2025 findings and recommendations after conducting de novo review under 28 U.S.C. § 636(b)(1).

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after de novo review.
2. Whether dismissal without prejudice was warranted as a sanction for plaintiff's failure to obey court orders and comply with Local Rule 183(b).

Disposition

dismissed