Bodden
(PS) Smith v. Bodden
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENNIS PAUL SMITH, JR., et al., No. 2:20-CV-2300-JAM-DMC Plaintiffs, v. FINDINGS AND RECOMMENDATIONS JIM BODDEN et al., Defendants. 16 Plaintiff, who is proceeding pro se, brings this civil action. On February 7, 2022, the Court directed Plaintiffs to show cause in writing within 30 days why this action should not be dismissed for failure to effect timely service of process. Plaintiffs were warned that failure to comply may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. More than 30 days have elapsed and Plaintiffs have 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…