Cisneros

I. BACKGROUND

22 Plaintiff filed this lawsuit on October 4, 2021. (ECF No. 1). After screening, this case 23 proceeds on Plaintiff’s Eighth Amendment claims against Defendants Talley, Mata, and Gonzales 24 for deliberate indifference to his serious medical needs. (ECF Nos. 23, 24, 31). On June 16, 2023, the Court issued an order requiring each party to submit a statement regarding the schedule and discovery matters within thirty days from the date of service of the 27 1 A notice of change of address that Plaintiff filed on June 14, 2023, indicates that he is no longer in custody. (ECF No. 39). order. (ECF No. 40). Defendants filed their statement on July 14, 2023. (ECF No. 42). After Plaintiff failed to file a timely statement, the Court granted him a sua sponte extension until August 18, 2023, to file one, advising him that failure to do so may result in the dismissal of this case for failure to prosecute and comply with a court order. (ECF No. 43). To date, Plaintiff has yet to file a statement or anything else in this case.

II. ANALYSIS

6 “In determining whether to dismiss a[n] [action] for failure to prosecute or failure to 7 comply with a…