Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EMERSON ROBERT GAITAN, Case No. 1:25-cv-00915-JLT-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION1

v.

FOURTEEN-DAY DEADLINE

MACOMBER et al., Defendants. 16 Plaintiff Emerson Gaitan is proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983 on July 25, 2025. (Doc. No. 1, “Complaint”). For the reasons set forth below, the undersigned recommends the district court dismiss this action for Plaintiff’s failure to comply with a court order and prosecute this action. BACKGROUND On September 19, 2025, this Court issued Findings and Recommendation (F&R) to the district judge to deny Plaintiff’s application to proceed in forma pauperis because Plaintiff’s income level exceeded the federal poverty threshold under § 1915(a)(1) and Plaintiff’s application reflected that he had adequate funds remaining each month after he paid all monthly expenses. (Doc. No. 6). On October 2, 2025,…