Ronald Diggs v. Metro Police Department

MEMORANDUM

Ronald D. Diggs appeals pro se from the district court’s order denying his motion to reconsider its order dismissing with prejudice his 42 U.S.C. § 1983 action for failure to notify the district court of his change of address. We review for an abuse of discretion, Briones v. Riviera Hotel & Casino, 116 F.3d 379, 380 (9th Cir.1997) (per curiam), and we reverse and remand.

Denial of Diggs’s motion for reconsideration on the basis of excusable neglect was an abuse of discretion where the district court failed to identify and analyze the motion under the standard set out in Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993) and in Briones. See Lemoge v. United States, 587 F.3d 1188, 1192 (9th Cir.2009) (district court abuses its discretion where it fails to identify or apply Pioneer-Briones standard properly). A proper application of the Pioneer-Briones standard demonstrates “excusable neglect” because Diggs’s failure to file written notification of his change of address immediately upon release from custody showed no danger of prejudice to the defendants, a minimal delay in the proceedings…