Magana v. CSP Solano CDCR, et al.

No. 2:23-cv-2007 DJC AC P (E.D. Cal. Apr. 8, 2025) · United States District Court for the Eastern District of California · April 9, 2025 · No. No. 2:23-cv-2007 DJC AC P

Summary

The court grants the defendant’s request to opt out of the Post-Screening ADR Project and lifts the related stay. The magistrate judge recommends dismissal without prejudice for failure to prosecute because the pro se plaintiff did not provide a current address as required by Local Rule 183(b).

Holdings

  1. Good cause existed to grant the defendant's request to opt out of the Post-Screening ADR Project.
  2. The stay of the action, which began on February 19, 2025, was lifted.
  3. Dismissal without prejudice should be recommended because plaintiff failed to comply with Local Rule 183(b) by not notifying the court of a current address after mail was returned and more than thirty days elapsed.

Questions Presented

  1. Whether the defendant had shown good cause to opt out of the Post-Screening ADR Project.
  2. Whether the ADR stay should be lifted.
  3. Whether the action should be recommended for dismissal without prejudice because plaintiff failed to maintain a current address and thereby failed to prosecute.

Disposition

other

Cases Cited (1)

  • Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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