1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID TAYLOR, No. 2:25-cv-2329-DC-CKD (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 PLACER COUNTY, et al., 15 Defendants. 16 17 Plaintiff David Taylor filed a pro se complaint and the matter was referred to the 18 undersigned by Local Rule 302(c)(21) pursuant to

(b). On September 15, 2025, 19 the undersigned found the complaint failed to state a claim and dismissed the complaint with 20 leave to amend. (ECF No. 5.) The undersigned ordered that plaintiff was to file any amended 21 complaint within 30 days of the date of that order. (Id. at 3.) Plaintiff was specifically cautioned 22 that failure to file an amended complaint or otherwise respond to the order would result in a 23 recommendation that this action be dismissed. The time granted for plaintiff to file an amended 24 complaint has expired. Plaintiff has not filed an amended complaint, sought an extension of time 25 to do so, or otherwise communicated with the court. 26 In recommending this action be dismissed for failure to prosecute, the undersigned 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). This case cannot proceed 3 || without plaintiff's participation. Because plaintiff has not stated a claim for relief and has not 4 || responded to the court’s order granting leave to file an amended complaint, these factors weigh in 5 || favor of dismissal of the case at this time. 6 Based on the foregoing, IT IS RECOMMENDED that this action be dismissed for failure 7 || to prosecute. See Fed. R. Civ. P. 41(b). 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: November 19, 2025 / ae □□ / a Ly a

17 UNITED STATES MAGISTRATE JUDGE 18 19 | 8 tayl25ev2329.fta.fr 20 21 22 23 24 25 26 27 28