(PC) Collins v. Marfil

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY LEE COLLINS, No. 2:24-cv-1091-CKD P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 J. MARFIL, et al., 15 Defendants. 16

17 18 By order filed April 1, 2025 (ECF No. 15), plaintiff’s first amended complaint was 19 dismissed and 30 days leave to file a further amended complaint was granted. The time granted 20 for this purpose has expired and plaintiff has not filed a further amended complaint or otherwise 21 responded to the court’s order. 22 In recommending this action be dismissed for plaintiff’s failure to prosecute, the court 23 considers the following factors: (1) the public’s interest in expeditious resolution of litigation; (2) 24 the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public 25 policy favoring disposition of cases on their merits; and (5) the availability of less drastic 26 sanctions. See Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988). Plaintiff has not stated a claim 27 and has failed with the court’s order to file a further amended complaint even though plaintiff was 28 specifically cautioned that failure to do so would result in a recommendation that this action be 1 || dismissed. (See ECF No. 15 at 4.) Accordingly, this action should be dismissed for plaintiff's 2 || failure to prosecute. 3 For the reasons set forth above, IT IS HEREBY ORDERED that the Clerk of the Court is 4 || directed to assign a district judge to this case; and 5 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 6 || 110; Fed. R. Civ. P. 41(b). 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(I). Within 14 days after 9 || being served with these findings and recommendations, plaintiff may file written objections with 10 || the court and serve a copy on all parties. Such a document should be captioned “Objections to 11 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 12 || objections within the specified time may waive the right to appeal the District Court’s order. 13 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 || Dated: May 14, 2025 fed) / dha MIG f- A. CAROLYNK.DELANEY 16 UNITED STATES MAGISTRATE JUDGE 17 18 8, coll1091 .fia.fr 19 20 21 22 23 24 25 26 27 28