1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRYDON BIGCHARLES, No. 2:24-cv-3305 JAM AC (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF NEVADA, et al., 15 Defendants. 16 17 Plaintiff, appearing in pro se, filed a complaint and paid the filing fee on November 27, 18 2024. ECF No. 1. That same day, a scheduling order was issued in this case ordering the 19 plaintiff to serve a copy of the scheduling order and complete service of process within 90 days of 20 filing the complaint. ECF No. 3 at 2. Plaintiff was cautioned that failure to complete service 21 within 90 days may result in dismissal pursuant to Fed. R. Civ. P. 40(m). Id. The deadline has 22 passed, and no certificate of service has been filed. On February 27, 2025, the court issued an 23 order to show cause within 14 days why this case should not be dismissed for failure to prosecute. 24 ECF No. 4. Plaintiff has not responded to the court’s orders, nor taken any action to prosecute 25 this case. 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,

(9th Cir. 1992) (citation omitted). Because this case cannot 3 || move forward without plaintiffs participation, the court finds the factors weigh in favor of 4 | dismissal. 5 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 6 || prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 7 || Civ. P. 41(b); Local Rule 110. These findings and recommendations are submitted to the United 8 || States District Judge assigned to this case, pursuant to the provisions of

(b)(I). 9 || Within twenty-one (21) days after being served with these findings and recommendations, 10 | plaintiff may file written objections with the court. Such document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Local Rule 304(d). 12 | Plaintiff is advised that failure to file objections within the specified time may waive the right to 13 || appeal the District Court’s order. Martinez v. YIst,

(9th Cir. 1991). 14 | DATED: March 17, 2025 ~ 15 ththienr—Chnp—e_ ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28