Steven Magana v. County of Kern, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Steven Magana’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute. The recommendation is based on Plaintiff’s failure to file an amended complaint or update his address after the Court’s screening order was returned as undeliverable. The Court applies Federal Rule of Civil Procedure 41(b), relevant Eastern District local rules, and the Malone factors.

Holdings

1. Federal Rule of Civil Procedure 41(b) and the applicable Eastern District of California Local Rules authorize dismissal when a plaintiff fails to prosecute, fails to maintain a current address, or fails to comply with a court order.
2. Dismissal without prejudice for failure to prosecute is warranted because the Malone factors favor dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and applicable Local Rules because Plaintiff failed to maintain a current address, comply with the order to amend, and prosecute the action.
2. Whether application of the five Malone factors supports dismissal for failure to prosecute.

Disposition

dismissed