Cates
(PC) Johnson v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SEDRIC EUGENE JOHNSON, No. 1:23-cv-0361 KES GSA (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. ORDER RECOMMENDING MATTER BE
DISMISSED FOR FAILURE TO
BRIAN CATES, et al., PROSECUTE Defendants. (ECF No. 11) PLAINTIFF’S OBJECTIONS DUE JULY 16, 2024
18 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 For the reasons stated below, the undersigned will recommend that this matter be 22 dismissed for failure to prosecute.1
The five factors identified in Thompson v. Housing Authority of City of Los Angeles, 782 F.2d 829, 831 (9th Cir.) cert. denied 479 U.S. 829 (1986) and Henderson v. Duncan, 779 F.2d 1421, 25 1423 (9th Cir. 1986) that are typically considered when dismissal…