(PC) Miller v. Montgomery

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, No. 2:23-CV-0994-KJM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ANDREW MONTGOMERY, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. 19 On January 30, 2025, the Court revoked Plaintiff’s in forma pauperis status and 20 directed Plaintiff to pay the filing fees for this case within 30 days. Plaintiff has been warned that 21 failure to comply with court orders may result in dismissal of this action for lack of prosecution 22 and failure to comply with court rules and orders. See Local Rule 110. To date, Plaintiff has not 23 paid the filing fees. 24 The Court must weigh five factors before imposing the harsh sanction of dismissal. 25 See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal 26 Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in 27 …