1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NINA JELEZNAIA, No. 2:25-cv-0172 TLN AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EXPEDIA INC., 15 Defendant. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On January 21, 2025, 19 defendant filed a motion to dismiss this case. ECF No. 8. Plaintiff did not respond. Concerned 20 that plaintiff had abandoned the case, the court issued an order to show cause within 14 days why 21 this action should not be dismissed for failure to prosecute. ECF No. 10. Plaintiff was cautioned 22 that failure respond could lead to a recommendation that the action be dismissed. Plaintiff again 23 did not respond. Plaintiff has not responded to the court’s orders, nor taken any action to 24 prosecute this case. 25 In recommending this action be dismissed for failure to prosecute, the court has 26 considered “(1) the public's interest in expeditious resolution of litigation; (2) the court's need to 27 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 28 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 1 || Bonzelet,

(9th Cir. 1992) (citation omitted). Because this case cannot 2 || move forward without plaintiff's participation, the court finds the factors weigh in favor of 3 | dismissal. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 4 || prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 5 || Civ. P. 41(b); Local Rule 110. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to this case, pursuant to the provisions of

(b)(1).. Within twenty-one (21) 8 | days after being served with these findings and recommendations, plaintiff may file written 9 || objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 10 | Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 11 || objections within the specified time may waive the right to appeal the District Court’s order. 12 || Martinez v. Yist,

(9th Cir. 1991). 13 || DATED: February 19, 2025 . . 14 Chien —Clhore 15 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28