Fernando Coria, Jr. v. M. Garcia, et al.

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations and dismissed Fernando Coria Jr.'s 42 U.S.C. § 1983 action without prejudice. The dismissal was based on failure to prosecute and failure to obey the Court's order requiring plaintiff to provide a current address; defendants' motion to dismiss was terminated as moot.

Holdings

1. The action should be dismissed without prejudice because the Malone factors favored dismissal where plaintiff failed to keep the court informed of his current address, failed to obey the order requiring an address update, and failed to prosecute the action.
2. Defendants' motion to dismiss was terminated as moot after the action was dismissed without prejudice.

Questions Presented

1. Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute and failure to obey the court's order to provide a current address.
2. Whether defendants' pending motion to dismiss should remain pending after dismissal of the action.

Disposition

dismissed