Desimone

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME ROBERT MITCHELL, No. 2:22-CV-0278-TLN-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DESIMONE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On August 19, 2022, mail directed to Plaintiff was returned by the United 19 States Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 20 183(b), any party appearing pro se must file and serve a notice of change of address within 63 21 days of mail being returned. To date, more than 63 days have elapsed since mail was returned 22 and 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…