UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
September 26, 2011
The opinion of the court was delivered by: Charles F. Eick United States Magistrate Judge
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable Stephen V. Wilson, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.
Petitioner filed a "Petition for Writ of Habeas Corpus by a Person in Federal Custody" on June 24, 2011. Respondent filed an Answer on July 19, 2011. Petitioner failed to file a Reply within the allotted time.
The Magistrate Judge then ordered Petitioner to file a Reply within twenty (20) days of August 19, 2011. The Magistrate Judge's Order, dated August 19, 2011, cautioned Petitioner that failure to file a timely Reply may result in the dismissal of this action. Petitioner again failed to file a Reply within the allotted time.
This action should be dismissed without prejudice for failure to prosecute. Petitioner has failed to file a timely Reply, despite Court Order that he do so. The Court has inherent power to achieve the orderly and expeditious disposition of cases by dismissing actions for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962); see Fed. R. Civ. P. 41(b).
For all of the foregoing reasons, IT IS RECOMMENDED that the Court issue an Order: (1) accepting and adopting this Report and Recommendation; and (2) directing that Judgment be entered dismissing the action without prejudice.
Reports and Recommendations are not appealable to the Court of Appeals, but may be subject to the right of any party to file objections as provided in the Local Rules Governing the Duties of Magistrate Judges and review by the District Judge whose initials appear in the docket number. No notice of appeal pursuant to the Federal Rules of Appellate Procedure should be filed until entry of the judgment of the District Court.
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