Hillberg

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD E. SPEARMAN, No. 2:23-CV-0093-DMC 12 Plaintiff, 13 v. ORDER 14 RONALD W. HILLBERG, et al., and 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 17 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. 19 On March 15, 2024, the Court directed Plaintiff to file an amended complaint 20 within 30 days. Plaintiff was warned that failure to file an amended complaint may result in 21 dismissal of this action for lack of prosecution and failure to comply with court rules and orders. 22 See Local Rule 110. To date, Plaintiff has not complied. 23 The Court must weigh five factors before imposing the harsh sanction of dismissal. 24 See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal 25 Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in 26 expeditious resolution of litigation; (2) the court's…