Dixon v. Valley State Prison et al
Filing
13
ORDER DISMISSING Action for Failure to Prosecute, signed by Magistrate Judge Dennis L. Beck on 5/13/15. CASE CLOSED. (Gonzalez, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ARTHUR LEE DIXON,
12
Plaintiff,
13
Case No. 1:15-cv-00193-DLB PC
ORDER DISMISSING ACTION
FOR FAILURE TO PROSECUTE
v.
14
VALLEY STATE PRISON, et al.,
15
Defendants.
16
Plaintiff Arthur Lee Dixon (“Plaintiff”) is a California state prisoner proceeding pro se in this
17
18
civil action pursuant to 42 U.S.C. § 1983.1
On February 5, 2015, the Court issued new case documents to Plaintiff. On March 2, 2015,
19
20
the documents were returned by the United States Postal Services as “Undeliverable, Names & CDC
21
Do Not Match.” On February 6, 2015, the Court issued an order directing Plaintiff to submit an
22
application to proceed in forma pauperis, or pay the filing fee. On March 2, 2015, the order was
23
returned by the United States Postal Service as “Undeliverable, Inactive.”
24
Plaintiff is required to keep the Court apprised of his current address at all times, and Local
25
Rule 183(b) provides, “If mail directed to a plaintiff in propria persona by the Clerk is returned by
26
the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within
27
sixty-three (63) days thereafter of a current address, the Court may dismiss the action without
28
1
Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 28, 2015.
1
1
prejudice for failure to prosecute.” Federal Rule of Civil Procedure 41(b) also provides for dismissal
2
of an action for failure to prosecute.2
3
Plaintiff’s address change was due by May 4, 2015, but he failed to file one and he has not
4
otherwise been in contact with the Court. “In determining whether to dismiss an action for lack of
5
prosecution, the district court is required to consider several factors: (1) the public’s interest in
6
expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of
7
prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and
8
(5) the availability of less drastic sanctions.” Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988)
9
(internal quotation marks and citation omitted); accord Omstead v. Dell, Inc., 594 F.3d 1081, 1084
10
(9th Cir. 2010); In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217,
11
1226 (9th Cir. 2006). These factors guide a court in deciding what to do, and are not conditions that
12
must be met in order for a court to take action. In re PPA, 460 F.3d at 1226 (citation omitted).
13
This case has been pending since January 2015, and the expeditious resolution of litigation
14
and the Court’s need to manage its docket weigh in favor of dismissal. Id. at 1227. Further, the
15
opposing party is necessarily prejudiced when he is unaware of the plaintiff’s location during the
16
discovery phase of the litigation. Id.
With respect to the fourth factor, “public policy favoring disposition of cases on their merits
17
18
strongly counsels against dismissal,” but “this factor lends little support to a party whose
19
responsibility it is to move a case toward disposition on the merits but whose conduct impedes
20
progress in that direction.” Id. at 1228.
21
Finally, given the Court’s inability to communicate with Plaintiff, there are no other
22
reasonable alternatives available to address Plaintiff’s failure to prosecute. In re PPA, 460 F.3d at
23
1228-29; Carey, 856 F.2d at 1441.
24
///
25
///
26
///
27
///
28
2
Courts may dismiss actions sua sponte under Rule 41(b) based on the plaintiff’s failure to prosecute. Hells Canyon
Preservation Council v. U. S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (citation omitted).
2
1
2
3
4
5
Accordingly, this action is DISMISSED, without prejudice, based on Plaintiff’s failure to
prosecute. Fed. R. Civ. P. 41(b); Local Rule 183(b).
IT IS SO ORDERED.
Dated:
/s/ Dennis
May 13, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?