1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEUANG LOTAKOON NIRAVANH, et No. 2:23-CV-0713-DC-DMC-P al., 12 Plaintiffs, 13 FINDINGS AND RECOMMENDATIONS v. 14 ADRIANA DURHAM, et al., 15 Defendants. 16

17 18 Plaintiffs, who are proceeding pro se, bring this civil action. The complaint in this 19 matter was filed on April 18, 2024, and an amended summons was issued on April 20, 2024. 20 Pursuant to Federal Rule of Civil Procedure 4(m), Defendants must be served within 90 days of 21 the date of filing of the complaint. See Fed. R. Civ. P. 4(m). To date, more than 90 days have 22 passed, and the docket does not reflect that any named defendant in this action has been served. 23 On November 18, 2024, the Court ordered Plaintiffs to show within 30 days why this action 24 should not be dismissed without prejudice for lack of prosecution. See ECF No. 12. Plaintiffs did 25 not respond to the order to show cause. 26 / / / 27 / / / 28 / / / ] The Court must weigh five factors before imposing the harsh sanction of dismissal. 2 || See Bautista v. Los Angeles County,

(9th Cir. 2000); Malone v. U.S. Postal 3 || Service,

(9th Cir. 1987). Those factors are: (1) the public's interest in 4 | expeditious resolution of litigation; (2) the court's need to manage its own docket; (3) the risk of 5 || prejudice to opposing parties; (4) the public policy favoring disposition of cases on their merits; 6 || and (5) the availability of less drastic sanctions. See id.; see also Ghazali v. Moran,

, 7 || 53 (9th Cir. 1995) (per curiam). A warning that the action may be dismissed as an appropriate 8 || sanction is considered a less drastic alternative sufficient to satisfy the last factor. See Malone, 9 |

-33 &n.1. The sanction of dismissal for lack of prosecution is appropriate where 10 || there has been unreasonable delay. See Henderson v. Duncan,

(9th Cir. 11 1986). 12 Having considered these factors, and in light of Plaintiffs’ failure to affect service 13 || nor reply to the Court’s order to show cause, the Court finds that dismissal of this action is 14 | appropriate. 15 Based on the foregoing, the undersigned recommends that this action be dismissed, 16 || without prejudice, for lack of prosecution and failure to comply with court rules and orders. 17 These findings and recommendations are submitted to the United States District 18 || Judge assigned to the case, pursuant to the provisions of

(b)(I). Within 14 days 19 | after being served with these findings and recommendations, any party may file written 20 || objections with the court. Responses to objections shall be filed within 14 days after service of 21 || objections. Failure to file objections within the specified time may waive the right to appeal. See 22 || Martinez v. Yist,

(9th Cir. 1991). 23 24 | Dated: January 8, 2025 = IS Co 2 DENNIS M. COTA 26 UNITED STATES MAGISTRATE JUDGE 27 28