1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY USSERY, No. 2:24-03699-DJC-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 NEW REZ, LLC, 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

(b). On March 26, 2025, plaintiff’s complaint 20 was dismissed with leave to amend. (ECF No. 3.) The undersigned ordered that plaintiff file any 21 amended complaint within 30 days of the date of that order. (Id.) Plaintiff was specifically 22 cautioned that failure to file an amended complaint would result in a recommendation that this 23 action be dismissed. The time granted for plaintiff to file an amended complaint has expired. 24 Plaintiff has not filed an amended complaint, sought an extension of time to do so, or otherwise 25 communicated with the court. 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 plaintiff has not 3 || stated a claim for relief and this case cannot move forward without plaintiffs participation, the 4 || factors weigh in favor of dismissal. 5 Based on the foregoing, IT IS HEREBY RECOMMENDED as follows: 6 1. This action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); and 7 2. The Clerk of the Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, plaintiff may file written objections 11 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 12 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 || objections within the specified time may waive the right to appeal the District Court’s order. 14 | Martinez v. Yist,

(9th Cir. 1991). 15 | Dated: April 30, 2025 / ae □□ / a Ly a 16 CAROLYN K DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 | cKD.ussery3699.FRs 20 21 22 23 24 25 26 27 28