Summary
The document contains findings and recommendations in a pro se civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends dismissal without prejudice for lack of prosecution and failure to comply with the Eastern District of California's change-of-address requirement after mail was returned as undeliverable.
Holdings
- Dismissal without prejudice was appropriate because Plaintiff failed to file a required notice of change of address after mail was returned as undeliverable and more than 30 days had elapsed.
- A warning that the action may be dismissed is a less drastic alternative sufficient to satisfy the final factor of the dismissal analysis.
Questions Presented
- Whether dismissal without prejudice for lack of prosecution and failure to comply with court rules and orders was appropriate after a pro se plaintiff failed to file a required notice of change of address.
- Whether the five-factor dismissal framework and consideration of less drastic sanctions supported dismissal.
Disposition
other
Cases Cited (6)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130, 132-33 & n.1 (9th Cir. 1987)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53 (th Cir. 1995) (per curiam)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (per curiam)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
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