(PC) Driver v. USDC for Eastern District of California

Good Law
United States District Court, Eastern District of CaliforniaDecember 22, 20202:20-cv-01158California530 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., No. 2:20-CV-1158-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS US DISTRICT COURT FOR EASTERN DISTRICT OF CALIFORNIA, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On October 16, 2020, the Court directed Plaintiff to pay the filing fees for this case in full within 30 days. See ECF No. 18. Plaintiff was warned that failure to resolve the fee status may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. To date, Plaintiff has not complied. 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…

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