FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE
FOURTEEN (14) DAY DEADLINE
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Alejandro Garcia is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
On October 4, 2016, the Court issued a discovery and scheduling order in this matter, and served by mail on Plaintiff at his address of record. (ECF No. 46.) On October 19, 2016, the discovery and scheduling order was returned to the Court with a notation "undeliverable, inactive/refused." Plaintiff's notice of change of address was due by December 27, 2016. Local Rule 183(b). No change of address was filed by that date.
On January 11, 2017, the undersigned issued an order to show cause why this action should not be dismissed for failure to prosecute. A written response was due within twenty days of the date of service of that order.
As of the date of these findings and recommendations, Plaintiff has not provided any updated mailing address to the Court or otherwise responded to any of the Court's orders.
Plaintiff is required to keep the Court apprised of his current address at all times. Local Rule 183(b) provides:
Federal Rule of Civil Procedure 41(b) also provides for dismissal of an action for failure to prosecute.
In this case Plaintiff's address change was due no later than November 21, 2016. Nevertheless, Plaintiff has failed to file any change of address form and he has not otherwise been in contact with the Court.
"In determining whether to dismiss an action for lack of prosecution, the district court is required to weigh several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions."
Plaintiff's failure to comply with this Court's rules, the expeditious resolution of litigation and the Court's need to manage its docket weigh in favor of dismissal.
CONCLUSION AND RECOMMENDATION
For the reasons stated above, it is HEREBY RECOMMENDED that this action be dismissed, without prejudice, based on Plaintiff's failure to prosecute. Fed. R. Civ. P. 41(b); Local Rule 183(b).
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within