1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK S. CATO, No. 2:23-cv-2560 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 HERNANDEZ, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

. On September 5, 2025, defendants filed a motion for summary judgment. ECF 19 No. 28. Plaintiff has not opposed the motion. On October 21, 2025, plaintiff was ordered to file 20 an opposition or a statement of non-opposition to the pending motion within twenty-one days. 21 ECF No. 32. In the same order, plaintiff was informed that failure to file an opposition would 22 result in a recommendation that this action be dismissed without prejudice for failure to prosecute 23 pursuant to Federal Rule of Civil Procedure 41(b).

The twenty-one-day period has now 24 expired, and plaintiff has not filed a response to the motion for summary judgment or otherwise 25 responded to the court’s order. In recommending this action be dismissed for failure to prosecute, 26 the court has considered “(1) the public’s interest in expeditious resolution of litigation; (2) the 27 court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy 28 favoring disposition of cases on their merits; and (5) the availability of less drastic 1 || alternatives.” Ferdik v. Bonzelet,

(9th Cir. 1992) (citation 2 || omitted). Because this case cannot move forward without plaintiffs participation, the court finds 3 || the factors weigh in favor of dismissal. 4 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court shall 5 || randomly assign a United States District Judge to this action. 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice 7 || pursuant to Federal Rule of Civil Procedure 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, any party may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 || objections shall be filed and served within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Martinez v. YIst,

(9th Cir. 1991). 16 | DATED: December 11, 2025 . . 17 thin Lhar—e_ 18 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28