Jordan v. North Kern State Prison

Filing 13

ORDER DISMISSING CASE, signed by Magistrate Judge Sheila K. Oberto on 7/6/11. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JAMES ALLEN JORDAN,

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1:10-cv-02319-SKO PC

Plaintiff,

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vs.

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ORDER DISMISSING ACTION,
WITHOUT PREJUDICE, FOR
FAILURE TO PROSECUTE

NORTH KERN STATE PRISON,

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Defendant.

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________________________________/

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Plaintiff James Allen Jordan, a state prisoner proceeding pro se, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on November 5, 2010. On March 23, 2011, the Court issued an order

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reassigning this action to the undersigned, and on April 11, 2011, the order was returned by the

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United States Postal Service as undeliverable.

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Pursuant to Local Rule 183(b), a party appearing in propria persona is required to keep the

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Court apprised of his or her current address at all times. Local Rule 183(b) provides, in pertinent

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part:

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If mail directed to a plaintiff in propria persona by the Clerk is
returned by the U.S. Postal Service, and if such plaintiff fails to notify
the Court and opposing parties within sixty-three (63) days thereafter
of a current address, the Court may dismiss the action without
prejudice for failure to prosecute.

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In the instant case, more than sixty-three days have passed since Plaintiff’s mail was returned, and

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he has not notified the Court of a current address.

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“In determining whether to dismiss an action for lack of prosecution, the district court is

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required to consider several factors: ‘(1) the public’s interest in expeditious resolution of litigation;

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(2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public

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policy favoring disposition of cases on their merits; and (5) the availability of less drastic

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sanctions.’” Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988) (quoting Henderson v. Duncan, 779

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F.2d 1421, 1423 (9th Cir. 1986)). These factors guide a court in deciding what to do, and are not

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conditions that must be met in order for a court to take action. In re Phenylpropanolamine (PPA)

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Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006) (citation omitted).

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In this instance, Local Rule 183(b) provides for the dismissal of an action based on returned

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mail. Given the Court’s inability to communicate with Plaintiff, dismissal is warranted and there

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are no other reasonable alternatives available. See Carey, 856 F.2d at 1441.

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Accordingly, this action is HEREBY DISMISSED, without prejudice, based on Plaintiff’s
failure to prosecute.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 6, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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