1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COURTNEY SMITH JR. No. 2:24-cv-1029 DJC AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 NATHAN P. BAKER, et al., 15 Defendants. 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 28, 2025, 19 defendants each filed a motion to strike the operative First Amended Complaint (ECF No. 22). 20 ECF Nos. 23, 24. Plaintiff did not respond. Concerned that plaintiff had abandoned this case, the 21 court issued an order to show cause within 14 days why this action should not be dismissed for 22 failure to prosecute. ECF No. 27. Plaintiff was cautioned that failure respond could lead to a 23 recommendation that the action be dismissed. Plaintiff again did not respond. Plaintiff has not 24 responded to the court’s orders, nor taken any action to 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 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. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 5 || prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 6 || Civ. P. 41(b); Local Rule 110. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to this case, pursuant to the provisions of

(b)(1). Within twenty-one 9 || (21) days after being served with these findings and recommendations, plaintiff may file written 10 || objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 11 | Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 12 || objections within the specified time may waive the right to appeal the District Court’s order. 13 || Martinez v. Yist,

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