Isaiah Bordeau v. Warden R. St. Andre, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH BORDEAU, No. 2:25-cv-0989 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS &

RECOMMENDATIONS

14 WARDEN R. ST. ANDRE, et al., 15 Defendants. 16 17 By order filed September 19, 2025, plaintiff’s first amended complaint was dismissed, and 18 thirty days leave to file a second amended complaint was granted. Thirty days from that date 19 have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded 20 to the court’s order. 21 In recommending this action be dismissed for failure to prosecute, the Court has 22 considered “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 23 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 24 disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 25 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot 26 move…