Caraway

(PS) Whittman v. Caraway

Good Law
United States District Court, Eastern District of CaliforniaJune 15, 20202:20-cv-00243California502 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN R. WHITMAN, No. 2:20-CV-0243-TLN-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS CORIE J. CARAWAY, et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil action. On May 21, 2020, the Court directed plaintiff to file a scheduling conference statement by June 10, 2020. To date, plaintiff has not complied. A review of the docket also reflects that, to date, plaintiff has failed to effect service of process on any defendant. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its own docket; (3) the risk of prejudice to opposing parties; (4) the public policy favoring disposition of cases…

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