UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 15, 2011
N. CHARLES PICKETT, JR.,
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 Gary A. Feess, 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.
Plaintiff's civil rights complaint was filed on September 23, 2011. By Memorandum and Order filed October 4, 2011, the Court dismissed the complaint with leave to amend. The Memorandum and Order allowed Plaintiff to file a First Amended Complaint within thirty (30) days of the date of the Memorandum and Order. The Memorandum and Order cautioned Plaintiff that failure to file a timely First Amended Complaint could result in the dismissal of this action. Plaintiff did not file a First Amended Complaint within the allotted time.
The action should be dismissed without prejudice. The complaint is defective for the reasons stated in the Memorandum and Order. Plaintiff has failed to file a First Amended Complaint within the allotted time. 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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