(PS) Favis v. Mallari

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN FAVIS, No. 2:25-cv-01772-TLN-CKD PS 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 DARYL MALLARI, et al., 15 Defendants. 16

17 18 Plaintiff filed a pro se civil complaint and this matter was referred to the undersigned by 19 Local Rule 302(c)(21) pursuant to 28 U.S.C. § 636(b). By order signed and filed on June 30, 2025 20 (ECF No. 3), the undersigned screened the complaint pursuant to 28 U.S.C. § 1915(e), advised 21 plaintiff of the deficiencies in the complaint, dismissed the complaint with leave to amend, and 22 granted plaintiff thirty days to file an amended complaint. Plaintiff was warned that failure to file 23 an amended complaint would result in a recommendation that this action be dismissed. The time 24 granted for plaintiff to file an amended complaint has expired. Plaintiff has neither filed an 25 amended complaint nor sought an extension of time to do so. 26 In recommending this action be dismissed for failure to prosecute, the court has 27 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 28 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 1 || disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 2 | Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot 3 || move forward without plaintiff's participation, the court finds the factors weigh in favor of 4 | dismissal. 5 In accordance with the above, IT IS HEREBY RECOMMENDED as follows: 6 1. This action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); and 7 2. The Clerk of the Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, plaintiff may file written objections 11 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 12 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 || objections within the specified time may waive the right to appeal the District Court’s order. 14 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 15 | Dated: August 28, 2025 ( ae } i | / de □ a 16 CAROLYN K DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 /de/favi25ev1772.fta 20 21 22 23 24 25 26 27 28