Aaron Anthony Walker v. Sheriff James (Jim) Cooper

United States District Court for the Eastern District of California

Aaron Anthony Walker v. Sheriff James (Jim) Cooper

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON ANTHONY WALKER, No. 2:25-cv-1524 DJC CSK P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 SHERIFF JAMES (JIM) COOPER, 15 Defendant. 16 17 Plaintiff is a county inmate, proceeding without counsel, with a civil rights action pursuant 18 to

42 U.S.C. § 1983

. By order filed September 22, 2025, plaintiff’s complaint was dismissed, and 19 thirty days leave to file an amended complaint was granted. Thirty days from that date have now 20 passed, and plaintiff has not filed an amended complaint, or otherwise responded to the Court’s 21 order. 22 In recommending this action be dismissed for failure to prosecute, the Court has 23 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 24 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 25 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 26 Bonzelet,

963 F.2d 1258, 1260-61

(9th Cir. 1992) (citation omitted). Because this case cannot 27 move forward without plaintiff’s participation, the Court finds the factors weigh in favor of 28 dismissal. ] Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for failure 2 || to prosecute. See Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of

28 U.S.C. § 636

(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 || with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 || Court’s order. Martinez v. YIst,

951 F.2d 1153

(9th Cir. 1991). 10 1] Dated: November 5, 2025 Chan Spo 13 CHI SOO KIM 14 UNITED STATES MAGISTRATE JUDGE 15 /1/walk1 524. fia

16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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