Anthony R. Turner v. Vallejo City Mayor, et al.
Anthony R. Turner v. Vallejo City Mayor, et al.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, No. 2:23-cv-2894-KJM-SCR 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 VALLEJO CITY MAYOR, et al., 15 Defendants. 16 17 Plaintiff is a former county inmate representing himself in this civil rights action filed 18 pursuant to
42 U.S.C. § 1983. By order filed August 11, 2025, plaintiff was ordered to update his 19 address by September 8, 2025. ECF No. 55. The thirty day period has now expired, and plaintiff 20 has not shown cause or otherwise responded to the court’s order. Although it appears from the 21 file that plaintiff’s copy of this order was returned, plaintiff was properly served. It is the 22 plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to 23 Local Rule 182(f), service of documents at the record address of the party is fully effective. 24 In light of plaintiff’s failure to update his address, this court recommends that this action 25 be dismissed without prejudice for failure to prosecute and for failure to comply with a court 26 order. In recommending this action be dismissed for failure to prosecute, the court has considered 27 “(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its 28 docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of 1 || cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. Bonzelet, 963 2 | F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot move forward 3 | without plaintiffs participation, the court finds the Ferdik factors weigh in favor of dismissal. 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 5 || prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of
28 U.S.C. § 636(b)(1). Within twenty one days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 10 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 | time may waive the right to appeal the District Court’s order. Martinez v. YIst,
951 F.2d 115312 | (9th Cir. 1991). 13 | DATED: September 16, 2025 md SEAN C. RIORDAN 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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