1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH BORDEAU, No. 2:25-cv-0989 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 WARDEN R. ST. ANDRE, et al., 15 Defendants. 16 17 By order filed September 19, 2025, plaintiff’s first amended complaint was dismissed, and 18 thirty days leave to file a second amended complaint was granted. Thirty days from that date 19 have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded 20 to the court’s order. 21 In recommending this action be dismissed for failure to prosecute, the Court has 22 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 23 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 24 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 25 Bonzelet,

(9th Cir. 1992) (citation omitted). Because this case cannot 26 move forward without plaintiff’s participation, the Court finds the factors weigh in favor of 27 dismissal. 28 /// 1 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 2 || directed to assign a district judge to this case; and 3 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 4 | 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 10 | failure to file objections within the specified time may waive the right to appeal the District 11 || Court’s order. Martinez v. YIst,

(9th Cir. 1991). 12 13 || Dated: November 4, 2025 4 aA Aan Spe | CHI SOO KIM 15 UNITED STATES MAGISTRATE JUDGE 16 /V/bord0989.fta 18 19 20 21 22 23 24 25 26 27 28