Troy T. Sherman, Jr. v. Joshua Prudhel

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TROY T. SHERMAN, JR., No. 2:25-CV-00492-DJC-DMC 12 Petitioner,

FINDINGS AND RECOMMENDATIONS

13 v. 14 JOSHUA PRUDHEL, 15 Respondent. 16

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. 19 On September 22, 2025, the Court dismissed Petitioner’s petition and directed 20 Petitioner to file an amended petition within 30 days. See ECF No. 13. Petitioner was warned 21 that failure to file an amended petition may result in dismissal of this action for lack of 22 prosecution and failure to comply with court rules and orders. See Local Rule 110. To date, 23 Petitioner has not complied. 24 The Court must weigh five factors before imposing the harsh sanction of 25 dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. 26 U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's 27 interest in expeditious resolution of litigation; (2) the court's…