1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROCHANDA ZIGLER, et al., No. 2:25-cv-02996-DAD-CKD PS 12 Plaintiffs, 13 v. FINDINGS & RECOMMENDATIONS 14 NELNET, et al., 15 Defendants. 16 17 Plaintiff filed a pro se civil complaint and this matter was referred to the undersigned by 18 Local Rule 302(c)(21) pursuant to

(b). By order filed October 22, 2025 (ECF No. 19 3) the undersigned screened the complaint pursuant to

(e), advised plaintiff of 20 the deficiencies in the complaint, dismissed the complaint with leave to amend, and granted 21 plaintiff thirty days to file an amended complaint. Plaintiff was warned that failure to file an 22 amended complaint would result in a recommendation that this action be dismissed. The time 23 granted for plaintiff to file an amended complaint has expired. Plaintiff has neither filed an 24 amended complaint nor sought an extension of time to do so. 25 In recommending this action be dismissed for failure to prosecute, the court has 26 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 27 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 28 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 1 || Bonzelet,

(9th Cir. 1992) (citation omitted). Because this case cannot 2 || move forward without plaintiffs participation, the court finds the factors weigh in favor of 3 || dismissal. 4 In accordance with the above, IT IS HEREBY RECOMMENDED as follows: 5 1. This action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); and 6 2. The Clerk of the Court be directed to close this case. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of

(b)(I). Within fourteen days 9 || after being served with these findings and recommendations, plaintiff may file written objections 10 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 11 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 12 || objections within the specified time may waive the right to appeal the District Court’s order. 13 | Martinez v. Yist,

(9th Cir. 1991). 14 | Dated: December 15, 2025 / aa / a Ly a

16 UNITED STATES MAGISTRATE JUDGE 17 18 19 5, zigh.2996.25 20 21 22 23 24 25 26 27 28