Franceschi

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUCIOUS WILSON, No. 2:23-CV-1901-DMC-P 12 Plaintiff, ORDER 13 v. and 14 K. FRANCESCHI, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On January 24, 2024, the Court directed Plaintiff to file an amended complaint 19 within 30 days. Plaintiff was warned that failure to file an amended complaint may result in 20 dismissal of this action for lack of prosecution and failure to comply with court rules and orders. 21 See Local Rule 110. To date, Plaintiff has not complied. 22 The Court must weigh five factors before imposing the harsh sanction of dismissal. 23 See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal 24 Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in 25 expeditious resolution of litigation; (2) the court's…