Summary
The United States District Court for the Eastern District of California issues Findings and Recommendations recommending dismissal without prejudice of Geovanni Pena’s pro se civil rights action. The recommendation is based on his repeated failure to keep the Court informed of his current address, comply with local rules, and prosecute the action, with a 14-day period for objections.
Holdings
- The magistrate judge recommended dismissal without prejudice because Plaintiff repeatedly failed to keep the Court apprised of his current address, failed to comply with Local Rule 183(b), and failed to prosecute the action.
Questions Presented
- Whether the action should be dismissed without prejudice for Plaintiff's failure to obey the Eastern District of California Local Rules requiring a pro se litigant to maintain and report a current address.
- Whether dismissal without prejudice was warranted under the factors governing dismissal for failure to prosecute and the availability of less drastic sanctions.
Disposition
dismissed
Cases Cited (9)
- Thompson v. Housing Auth., City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226, 1228 (9th Cir. 2006)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…