(PS) Nasiri v. Pfizer, Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZABIULLAH NASIRI, No. 2:24-cv-2111-KJM-CKD (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 PFIZER, INC., et al., 15 Defendants. 16

17 18 Plaintiff filed a pro se civil complaint and the matter was referred to the undersigned by 19 Local Rule 302(c)(21) pursuant to 28 U.S.C. § 636(b). On March 5, 2025, plaintiff’s complaint 20 was dismissed with leave to amend the CLRA claim, the FAL claim, and the California Business 21 and Professions Code section 17500.5 claim. (ECF No. 4.) The undersigned ordered that plaintiff 22 file any amended complaint within 30 days of the date of that order. (ECF No. 5.) Plaintiff was 23 specifically cautioned that failure to file an amended complaint would result in a recommendation 24 that this action be dismissed. The time granted for plaintiff to file an amended complaint has 25 expired. Plaintiff has not filed an amended complaint, sought an extension of time to do so, or 26 otherwise communicated with the court. 27 In recommending this action be dismissed for failure to prosecute, the court has 28 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 1 || manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 2 | disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 3 || Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because plaintiff has not 4 || stated a claim for relief and this case cannot move forward without plaintiffs participation, the 5 || factors weigh in favor of dismissal. 6 Based on the foregoing, IT IS HEREBY RECOMMENDED as follows: 7 1. This action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); and 8 2. The Clerk of the Court be directed to close this case. 9 These findings and recommendations are submitted to the United States District Judge 10 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 13 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 || objections within the specified time may waive the right to appeal the District Court’s order. 15 || Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 | Dated: April 17, 2025 / ae □□ / a Ly a "7 CAROLYNK.DELANEY 18 UNITED STATES MAGISTRATE JUDGE 19 20 || 8, nasi24ev2111 fta.fr 21 22 23 24 25 26 27 28