Pellum v. CDCR, et al
Filing
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FINDINGS and RECOMMENDATIONS recommending Dismissing the Action Without Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 11/5/2015. Referred to District Judge Anthony W. Ishii. 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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JASON E. PELLUM, SR.,
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Plaintiff,
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v.
CALIFORNIA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,
Defendants.
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Case No.: 1:15-cv-01264-AWI-JLT
FINDINGS AND RECOMMENDATIONS
DISMISSING THE ACTION WITHOUT
PREJUDICE
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Plaintiff Jason Pellum, Sr., initiated this action by filing a complaint on August 7, 2015, alleging
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violations of his civil rights, and that his parole officer acted in violation of the United States
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Constitution. Because Plaintiff has failed to comply with the Local Rules and the Court is unable to
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communicate with Plaintiff, the Court recommends the matter be DISMISSED without prejudice.
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I.
Background
The Court issued new case documents on August 17, 2015, which were returned to the Court on
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August 31, 2015, as undeliverable with the notation “not in custody”. Similarly, the Court issued an
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order granting Plaintiff’s motion to proceed in forma pauperis, which was returned with the notation
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“Return to Sender, Attempted Not Known, Unable to Forward.” To date, Plaintiff’s forwarding
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address remains unknown, because he has not filed a “Notice of Change of Address” with the Court.
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II.
Requirements of the Local Rules
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 current address: “If mail directed to a plaintiff in propria persona by the Clerk is
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returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties
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within sixty-three (63) days thereafter of a current address, the Court may dismiss the action without
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prejudice for failure to prosecute.” LR 183(b). Because more than 63 days have passed since the new
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case documents were returned as undeliverable, he has failed to comply with the Local Rules.
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III.
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 comply with local rules. See, e.g., Ghazali v. Moran,
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46 F.3d 52, 53-54 (9th Cir. 2995) (dismissal for failure to comply with local rules); Henderson v.
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Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with
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local rules).
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In determining whether to dismiss an action for failure to prosecute, failure to comply with the
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Local Rules, or failure to obey a court order, the Court must consider several factors, including: “(1)
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the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket;
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(3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their
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merits; and (5) the availability of less drastic sanctions.” Henderson, 779 F.2d at 1423-24; see also
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Thompson, 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. See Yourish v. Cal. Amplifier,
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191 F.3d 983, 990 (9th Cir. 1999) (“The public’s interest in expeditious resolution of litigation always
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favors dismissal”); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (recognizing that district
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courts have inherent interest in managing their dockets without being subject to noncompliant
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litigants). Judges in the Eastern District of California carry the heaviest caseload in the nation, and
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this Court cannot, and will not hold, this action in abeyance based upon Plaintiff’s failure to notify the
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Court of a change in address. Further, the policy favoring disposition of cases on their merits is
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outweighed by the factors in favor of dismissal. No lesser sanction is feasible given the Court’s
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inability to communicate with Plaintiff.
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IV.
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Findings and Recommendations
Plaintiff has failed to follow the requirements of the Local Rules, which require him to provide
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a current mailing address to the Court. As set forth above, the factors set forth by the Ninth Circuit
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weigh in favor of dismissal of the matter.
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Accordingly, IT IS HEREBY RECOMMENDED:
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This action be DISMISSED WITHOUT PREJUDICE; and
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The Clerk of Court be directed to close this action.
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These Findings and Recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local
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Rules of Practice for the United States District Court, Eastern District of California. Within fourteen
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days after the date of service, Plaintiff may file written objections with the court. Such a document
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should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is
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advised that failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834,
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834 (9th Cir. 2014).
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IT IS SO ORDERED.
Dated:
November 5, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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