Robert Scanlan v. Officer Tran et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss this Action for the Plaintiff's Failure to Keep the Court Apprised of His Address, signed by Magistrate Judge Jennifer L. Thurston on 2/2/2017. Referred to Chief Judge Lawrence J. O'Neill. Objections to F&R due within 14 days. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT SCANLAN,
Plaintiff,
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v.
OFFICER TRAN, et al.
Defendants.
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Case No.: 1:15-cv-00282-LJO - JLT
FINDINGS AND RECOMMENDATION TO
DISMISS THIS ACTION FOR THE PLAINTIFF’S
FAILURE TO KEEP THE COURT APPRISED OF
HIS ADDRESS
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The Ninth Circuit determined Plaintiff may proceed with his claim for deliberate indifference
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against Officers Tran and Schulthiess. (Doc. 26) On November 8, 2016, the Court ordered the Clerk to
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issue summonses to the defendants and directed the plaintiff to submit service documents. (Doc. 27)
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The Court’s order was returned as undeliverable. Since that time, the plaintiff has taken no steps to
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contact the Court or to notify the Court of his new address. Thus, the Court recommends that the
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matter be DISMISSED.
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I.
Discussion and Analysis
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“District courts have inherent power to control their dockets,” and in exercising that power, a
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court may impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los
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Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a
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party’s failure to prosecute an action or failure to obey a court order, or failure to comply with local
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rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 2995) (dismissal for failure to comply
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with local rules); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to
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comply with an order requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d
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128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan,
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779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).
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In determining whether to dismiss an action for failure to prosecute, failure to obey a court
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order, or failure to comply with the Local Rules, the Court must consider several factors, including:
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“(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases
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on their merits; and (5) the availability of less drastic sanctions.” Henderson, 779 F.2d at 1423-24; see
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also Ferdik, 963 F.2d at 1260-61; Thomspon, 782 F.2d at 831.
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In the case at hand, the public’s interest in expeditiously resolving this litigation and the
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Court’s interest in managing the docket weigh in favor of dismissal. The risk of prejudice to the
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defendants also weighs in favor of dismissal, since a presumption of injury arises from the occurrence
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of unreasonable delay in prosecution of an action. See Anderson v. Air West, 542 F.2d 522, 524 (9th
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Cir. 1976). The Court will not, and cannot, hold the case in abeyance because Plaintiff’s fails to notify
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the Court of his current address.
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Pursuant to Local Rule 183(b), a party appearing in propria persona such as Plaintiff is
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required to keep the Court advised of his current address at all times. Specifically, Local Rule 183(b)
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provides:
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A party appearing in propria persona shall keep the Court and opposing parties advised as
to his or her current address. 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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Plaintiff was to inform this Court of his new address by January 30, 2017, but has failed to do so. The
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Court finds that this warrants dismissal of the action because no lesser sanction is feasible given the
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Court’s inability to communicate with Plaintiff. Accordingly, the Court RECOMMENDS:
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This action be DISMISSED WITHOUT PREJUDICE for Plaintiff’s failure to keep
the Court advised of his current address; and
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The Clerk of Court be directed to close this action because this order terminates the
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action in its entirety. These Findings and Recommendations are submitted to the United States
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District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule
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304 of the Local Rules of Practice for the United States District Court, Eastern District of California.
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Within fourteen days after being served with these Findings and Recommendations, Plaintiff may file
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written objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d
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1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
February 2, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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