(PC) Taylor v. Ho

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD TAYLOR, JR., No. 2:23-cv-0005 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 HO, et al., 15 Defendants. 16 17 On May 23, 2024, defendant filed two motions to compel and a motion for judgment on 18 the pleadings. ECF Nos. 33-35. On June 4, 2024, defendant filed a third motion to compel. ECF 19 No. 36. After plaintiff failed to respond to any of the motions, he was ordered to do so within 20 twenty-one days and cautioned that failure to do so would result in a recommendation that this 21 action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil 22 Procedure 41(b). ECF No. 41. The twenty-one-day period has now expired, and plaintiff has not 23 filed a response to any of the motions or otherwise responded to the court’s order. 24 In recommending this action be dismissed for failure to prosecute, the court has 25 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 26 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 27 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 28 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot 1 | move forward without plaintiff's participation, the court finds the factors weigh in favor of 2 | dismissal. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 4 || assign a United States District Judge to this action. 5 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice 6 || pursuant to Federal Rule of Civil Procedure 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)(1). Within fourteen days 9 || after being served with these findings and recommendations, any party may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be filed and served within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 | DATED: August 13, 2024 ~ 16 Chthion— Chore ALLISON CLAIRE 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28