Maestas v. Office Department Appeals Correction Board

Summary

The United States District Court for the Eastern District of California recommends dismissal without prejudice of Randy Maestas’s 42 U.S.C. § 1983 action for failure to prosecute and failure to keep the Court apprised of his current address. The recommendation follows the return of court mail as undeliverable and Plaintiff’s failure to file an amended complaint or a change-of-address notice. Plaintiff was given fourteen days to file objections.

Holdings

1. The magistrate judge recommended dismissal without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to file an amended complaint or otherwise participate in prosecuting the action after being given an opportunity to amend.
2. The magistrate judge recommended dismissal because plaintiff failed to file a change-of-address notice after mail was returned and therefore failed to keep the court apprised of his current address.
3. The magistrate judge recommended dismissal without prejudice because the Malone factors favored ending the action.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the court's order granting leave to amend.
2. Whether plaintiff's failure to keep the court apprised of his current address warranted dismissal under Eastern District of California Local Rules 182(f) and 183(b).
3. Whether application of the Ninth Circuit's five Malone factors supported dismissal without prejudice.

Disposition

other