Ramos

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY SMITH, No. 2:19-CV-0917-MCE-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 RAMOS, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On June 18, 2020, mail directed to Plaintiff was returned by the United States 19 Postal Service as undeliverable.1 Pursuant to Eastern District of California Local Rule 183(b), 20 any party appearing pro se must file and serve a notice of change of address within 63 days of 21 mail being returned. To date, more than 63 days have elapsed since mail was returned and 22 Plaintiff has not notified the Court of a change of address. 23 The Court must weigh five factors before imposing the harsh sanction of dismissal. 24 See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal 25 Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in 26 …