(PC) Smith v. County of Alameda Judges

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY XAVIER SMITH, No. 2:21-CV-0024-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS COUNTY OF ALAMEDA JUDGES, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. On January 19, 2021, mail directed to Plaintiff was returned by the United States 19 Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 183(b), any 20 party appearing pro se must file and serve a notice of change of address within 63 days of mail 21 being returned. To date, more than 63 days have elapsed since mail was returned and Plaintiff 22 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 expeditious resolution of…