Wright
Kevin W. Dunigan v. Otis D. Wright, Jr., et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 KEVIN W. DUNIGAN, No. 2:25-cv-1786-SCR Plaintiff, v. ORDER AND OTIS D. WRIGHT, JR., et al., FINDINGS & RECOMMENDATIONS Defendants. 17 By order filed September 19, 2025, the court found plaintiff’s complaint defective and granted 30 days to file an amended complaint. ECF No. 8. The court warned plaintiff that failure to comply would result in recommendations to dismiss this action. Id. Plaintiff has not filed an amended complaint. On October 24, 2025, plaintiff filed a notice indicating that he would not be filing an amended complaint. ECF No. 9. When deciding whether to recommend dismissal for failure to comply with a court order, the court must consider “(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…