(HC) Perez v. Samaloson

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 3/5/2025 DISMISSING this action without prejudice pursuant to FRCP 41(b). CASE CLOSED. (Deputy Clerk HAH)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SALVADOR PEREZ,

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Petitioner,

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v.

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S. SAMALOSON,

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No. 2:24-cv-2817 AC P

ORDER

Respondent.

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Petitioner is a federal prisoner proceeding pro se with a habeas corpus petition filed

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pursuant to 28 U.S.C. § 2241. The parties have consented to magistrate judge jurisdiction. ECF

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No. 7. On December 2, 2024, respondent filed a motion to dismiss the petition. ECF No. 8.

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Petitioner did not file an opposition or statement of non-opposition to the motion within the time

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provided by the applicable rules. On January 22, 2025, petitioner was ordered to file a response

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to the pending motion within twenty-one days. ECF No. 9. In the same order, petitioner was

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cautioned that failure to file an opposition would result in dismissal without prejudice for failure

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to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period

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has now expired, and petitioner has not filed a response to the motion to dismiss or otherwise

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responded to the court’s order.

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In considering dismissal for failure to prosecute, the court has considered “(1) the public’s
interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the
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risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their

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merits; and (5) the availability of less drastic alternatives.” Ferdik v. Bonzelet, 963 F.2d 1258,

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1260-61 (9th Cir. 1992) (citation omitted). Because this case cannot move forward without

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petitioner’s participation, the court finds the factors weigh in favor of dismissal.

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For the foregoing reasons, IT IS HEREBY ORDERED that this action is dismissed

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without prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: March 5, 2025

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