(PC) Rojas v. County of Sacramento et al, No. 2:2022cv00962 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 11/06/2023 DIRECTING the Clerk to randomly assign a United States District Judge to this action. Chief District Judge Kimberly J. Mueller and Magistrate Judge Denn is M. Cota for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice for lack of prosecution. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-0962 KJM DMC (PC) (Lopez, K)

Download PDF
(PC) Rojas v. County of Sacramento et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, 12 13 14 15 Plaintiff, v. No. 2:22-CV-0962-DMC-P ORDER and COUNTY OF SACRAMENTO, FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. On August 14, 2023, mail directed to Plaintiff was returned by the United States 19 Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 183(b), any 20 party appearing pro se must file and serve a notice of change of address within 63 days of mail 21 being returned. To date, more than 63 days have elapsed since mail was returned and Plaintiff 22 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 Dockets.Justia.com 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 9 Having considered these factors, and in light of Plaintiff’s failure to submit a notice of change of address, the Court finds that dismissal of this action is appropriate. 10 11 12 13 14 15 Based on the foregoing, the undersigned hereby orders and recommends as follows: 1. It is ORDERED that the Clerk of the Court randomly assign a District Judge and to update the docket to reflect the new case number. 2. It is RECOMMENDED that this action be dismissed, without prejudice, 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)(l). 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. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 23 Dated: November 6, 2023 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.