1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AMANDA ANNE HARRIS, Case No. 2:24-cv-0253-DC-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DEPARTMENT OF SOCIAL SERVICES OF LINCOLN COUNTY, et al., 15 Defendants. 16

17 18 On August 21, 2025, I screened plaintiff’s complaint and dismissed it for failure to state a 19 claim. ECF No. 4. I ordered plaintiff to file, within thirty days, either an amended complaint or a 20 notice of voluntary dismissal of this action. Id. Plaintiff failed to comply with that order. 21 Therefore, on November 3, 2025, I ordered plaintiff to show cause why this action should not be 22 dismissed. ECF No. 5. I notified plaintiff that if she wished to continue with this lawsuit, she 23 must file an amended complaint. I also warned plaintiff that failure to comply with the November 24 3 order would result in a recommendation that this action be dismissed. Id. Plaintiff has not 25 responded to the order to show cause, and the time to do so has passed. 26 The court has the inherent power to control its docket and may, in the exercise of that 27 power, impose sanctions where appropriate, including dismissal. Bautista v. Los Angeles Cnty., 28

, 841 (9th Cir. 2000); see Local Rule 110 (“Failure of counsel or of a party to 1 comply with these Rules or with any order of the Court may be grounds for imposition by the 2 Court of any and all sanctions . . . within the inherent power of the Court.”). 3 A court may dismiss an action based on a party’s failure to prosecute an action, failure to 4 obey a court order, or failure to comply with local rules. See Ghazali v. Moran,

, 53-54 5 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet,

, 6 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order to file an amended 7 complaint); Carey v. King,

(9th Cir. 1988) (dismissal for failure to 8 comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. 9 U.S. Postal Serv.,

(9th Cir. 1987) (dismissal for failure to comply with court 10 order); Henderson v. Duncan,

, 1424 (9th Cir. 1986) (dismissal for lack of 11 prosecution and failure to comply with local rules). 12 In recommending that this action be dismissed for failure to comply with court orders, I 13 have considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s 14 need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy 15 favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives.” 16 Ferdik,

(citation omitted). 17 Here, plaintiff failed to respond to the order directing her to file an amended complaint or 18 notice of voluntary dismissal. See ECF No. 3. Therefore, the public interest in expeditious 19 resolution of litigation, the court’s need to manage its docket, and the risk of prejudice to the 20 defendant all support imposition of the sanction of dismissal. Lastly, my warning to plaintiff that 21 failure to obey court orders will result in dismissal satisfies the “considerations of the 22 alternatives” requirement. Ferdik,

; Malone, 833 at 132-33; Henderson, 779 23 F.2d at 1424. The November 3, 2025 order expressly warned plaintiff that failure to comply with 24 court orders would result in dismissal. ECF No. 5. Plaintiff had adequate warning that dismissal 25 could result from noncompliance. I therefore find that the balance of factors weighs in favor of 26 dismissal. 27 28 1 Accordingly, it is hereby RECOMMENDED that: 2 1. This action be dismissed without prejudice for failure to prosecute and for failure to 3 | comply with court orders. 4 2. The Clerk of Court be directed to close the case. 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 of 7 | service of these findings and recommendations, any party may file written objections with the 8 | court and serve a copy on all parties. Any such document should be captioned “Objections to 9 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 10 | within fourteen days of service of the objections. The parties are advised that failure to file 11 | objections within the specified time may waive the right to appeal the District Court’s order. See 12 | Turner v. Duncan,

(9th Cir. 1998); Martinez v. Yist,

(9th Cir. 13 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ November 26, 2025 Q_-——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE

19 20 21 22 23 24 25 26 27 28