Wright

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 KEVIN W. DUNIGAN, No. 2:25-cv-1786-SCR 13 Plaintiff, 14 v. ORDER AND 15 OTIS D. WRIGHT, JR., et al., FINDINGS & RECOMMENDATIONS 16 Defendants. 17 18 By order filed September 19, 2025, the court found plaintiff’s complaint defective and 19 granted 30 days to file an amended complaint. ECF No. 8. The court warned plaintiff that failure 20 to comply would result in recommendations to dismiss this action. Id. Plaintiff has not filed an 21 amended complaint. On October 24, 2025, plaintiff filed a notice indicating that he would not be 22 filing an amended complaint. ECF No. 9. 23 When deciding whether to recommend dismissal for failure to comply with a court order, 24 the court must consider “(1) the public’s interest in expeditious resolution of litigation; (2) the 25 court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy 26 favoring disposition of cases on their merits; and (5) the availability of less…