Harrell v. Rapp

FILED IN THE 3 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Jul 05, 2023 5 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON SHANE ROBERT HARRELL, No. 1:23-cv-03029-SAB 11 Plaintiff, 12 v. ORDER OF DISMISSAL LISA RAPP, H. MORSE, J. MCCRORY, C. ABERCROMBIE, C. WAUDBY, LT.

16 T. IRION, and SGT. M. KEAGLE, 17 Defendants.

19 On April 11, 2023, the Court directed pro se Plaintiff Shane Robert Harrell to amend or voluntarily dismiss his complaint. ECF No. 6. The same day, the Court granted him leave to proceed in forma pauperis. ECF No. 5. Plaintiff filed this action on March 3, 2023, while a pretrial detainee at the Yakima County Jail.

23 ECF No. 1. He was subsequently released from incarceration. ECF No. 7.

24 Mail addressed to Plaintiff at the Yakima County Jail, the last address he provided, was returned as undeliverable on April 28, 2023. ECF No. 7. Although informed of the requirement to keep the Court apprised of his current address, ECF No. 4, Plaintiff has failed to do so. 1 The Court may dismiss an action if mail directed to a pro se plaintiff has been returned by the Postal Service and the plaintiff fails to notify the Court and 3|| opposing parties within sixty days thereafter of his current mailing address. LCivR 41(b)(2), Local Civil Rules for the Eastern District of Washington.

5 The Court has an interest in managing its docket and in the prompt resolution of civil matters. See Destfino v. Reiswig, 630 F.3d 952, 959 (9th Cir. 2011) (affirming district court’s inherent power to control its docket); see also Pagtalunan v. Galaza, 291 F.3d 639, 642-44 (9th Cir. 2002) (discussing factors to consider in dismissing claim for failure to prosecute or failure to comply with court order, including the public’s interest in expeditious resolution, the court’s need to 11|| manage docket, and the risk of prejudice to defendants).

12 Accordingly, IT IS HEREBY ORDERED: 13 1. This action is DISMISSED WITHOUT PREJUDICE pursuant to LCivR 41(b)(2).

15 2. The Clerk of Court is directed to ENTER JUDGMENT and CLOSE 16|| this file.

17 3. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal 18|| of this Order could not be taken in good faith and would lack an arguable basis in law or fact.

20 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order 21||and forward a copy to Plaintiff at his last known address.

22 DATED this 5th day of July 2023.

25 .

26 Shreukrld Ec thar 27 Stanley A. Bastian 28 Chief United States District Judge