1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PATRICK SMYLIE, No. 2:25-cv-2064 DC CSK P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 PLUMAS COUNTY DISTRICT ATTORNEY’S OFFICE, et al., 15 Defendants. 16

17 18 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action 19 pursuant to 42 U.S.C. § 1983. By order filed August 27, 2025, plaintiff’s complaint was 20 dismissed and thirty days leave to file an amended complaint was granted. (ECF No. 6.) Thirty 21 days from that date have now passed, and plaintiff has not filed an amended complaint, or 22 otherwise responded to the court’s order. 23 In recommending this action be dismissed for failure to prosecute, the Court has 24 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 25 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 26 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 27 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot 28 move forward without plaintiff’s participation, the Court finds the factors weigh in favor of 1 |} dismissal. 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for failure 3 || to prosecute. See Fed. R. Civ. P. 41(b). 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 6 || after being served with these findings and recommendations, plaintiff may file written objections 7 || with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 9 || failure to file objections within the specified time may waive the right to appeal the District 10 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 1] 12 | Dated: October 9, 2025 4 aA 13 \ Aaa spe

CHI SOO KIM

14 UNITED STATES MAGISTRATE JUDGE 15 16 Smy12064.fia/2 18 19 20 21 22 23 24 25 26 27 28