Marfil
(PC) Collins v. Marfil
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY LEE COLLINS, No. 2:24-cv-1091-CKD P Plaintiff, v. ORDER AND FINDINGS &
RECOMMENDATIONS
J. MARFIL, et al., Defendants.
17 By order filed April 1, 2025 (ECF No. 15), plaintiff’s first amended complaint was dismissed and 30 days leave to file a further amended complaint was granted. The time granted for this purpose has expired and plaintiff has not filed a further amended complaint or otherwise responded to the court’s order. In recommending this action be dismissed for plaintiff’s failure to prosecute, the court considers the following factors: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. See Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988). Plaintiff has not stated a claim 27 …