FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE
BARBARA A. McAULIFFE, Magistrate Judge.
Findings and Recommendations
Plaintiff Efrain Demara ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on October 16, 2015. (ECF No. 1.)
On November 15, 2016, the Court issued a screening order dismissing Plaintiff's complaint with leave to amend within thirty (30) days. (ECF No. 15.) When Plaintiff failed to file an amended complaint, the Court issued an order to show cause within twenty (20) days why the action should not be dismissed for failure to obey a court order, failure to state a claim, and failure to prosecute. (ECF No. 16.) On January 26, 2017, the Court's order to show cause was returned as undeliverable, refused.
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.
According to the Court's docket, Plaintiff's address change was due no later than April 6, 2017. Plaintiff has failed to file a change of address 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."
Given Plaintiff's failure to respond to this Court's orders, the expeditious resolution of litigation and the Court's need to manage its docket weigh in favor of dismissal.
III. Conclusion and Recommendation
For the reasons stated, the Court HEREBY RECOMMENDS that this action be dismissed, without prejudice, based on Plaintiff's failure to prosecute. Fed. R. Civ. P. 41(b); Local Rule 183(b).
IT IS SO ORDERED.