John Patrick Smylie v. Plumas County District Attorney’s Office, et al.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN PATRICK SMYLIE, No. 2:25-cv-2064 DC CSK P Plaintiff, v. FINDINGS & RECOMMENDATIONS PLUMAS COUNTY DISTRICT ATTORNEY’S OFFICE, et al., 15 Defendants.

17 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed August 27, 2025, plaintiff’s complaint was dismissed and thirty days leave to file an amended complaint was granted. (ECF No. 6.) Thirty days from that date have now passed, and plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. In recommending this action be dismissed for failure to prosecute, the Court has considered “(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 alternatives.” Ferdik v. 27 …