(PC) Nolasco v. Rodriguez ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO NOLASCO, No. 2:23-CV-0652-DMC-P 12 Plaintiff, ORDER 13 v. and 14 F. RODRIGUEZ, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On August 23, 2023, mail directed to Plaintiff was returned by the United 19 States Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 20 183(b), any party appearing pro se must file and serve a notice of change of address within 63 21 days of mail being returned. To date, more than 63 days have elapsed since mail was returned 22 and Plaintiff has not notified the Court of a change of address. 23 The Court must weigh five factors before imposing the harsh sanction of dismissal. 24 See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal 25 Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in 26 expeditious resolution of litigation; (2) the Court's need to manage its own docket; (3) the risk of 27 prejudice to opposing parties; (4) the public policy favoring disposition of cases on their merits; 28 and (5) the availability of less drastic sanctions. See id.; see also Ghazali v. Moran, 46 F.3d 52, 1 |} 53 (9th Cir. 1995) (per curiam). A warning that the action may be dismissed as an appropriate 2 || sanction is considered a less drastic alternative sufficient to satisfy the last factor. See Malone, 3 | 833 F.2d at 132-33 &n.1. The sanction of dismissal for lack of prosecution is appropriate where 4 || there has been unreasonable delay. See Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 5 || 1986). Dismissal has also been held to be an appropriate sanction for failure to inform the district 6 || court and parties of a change of address pursuant to local rules. See Carey v. King, 856 F.2d 7 || 1439, 1440-41 (9th Cir. 1988) (per curiam). 8 Having considered these factors, and in light of Plaintiff's failure to submit a 9 || notice of change of address, the Court finds that dismissal of this action is appropriate. 10 Based on the foregoing, the undersigned hereby orders and recommends as 11 | follows: 12 1. It is ORDERED that the Clerk of the Court randomly assign a District 13 || Judge and to update the docket to reflect the new case number. 14 2. It is RECOMMENDED that this action be dismissed, without prejudice, 15 | for lack of prosecution and failure to comply with court rules and orders. 16 These findings and recommendations are submitted to the United States District 17 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 18 || after being served with these findings and recommendations, any party may file written 19 || objections with the court. Responses to objections shall be filed within 14 days after service of 20 || objections. Failure to file objections within the specified time may waive the right to appeal. See 21 | Martinez v. YlIst, 951 F.2d 1153 (9th Cir. 1991). 22 23 Dated: November 6, 2023 = IS Co 24 DENNIS M. COTA 25 UNITED STATES MAGISTRATE JUDGE 26 27 28