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D. Lamonte Haley v. Dental Services

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 7, 2012

D. LAMONTE HALEY,
PLAINTIFF,
v.
DENTAL SERVICES,
DEFENDANT.

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 Andrew J. Guilford, 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.

PROCEEDINGS

Plaintiff filed a civil rights complaint on September 2, 2011. Under the authority of 28 U.S.C. § 1915(e), the Court dismissed the complaint with leave to amend. See Memorandum and Order, filed December 21, 2011.

The Memorandum and Order notified Plaintiff that failure to file a First Amended Complaint within thirty (30) days of December 21, 2011, could result in the dismissal of the action for failure to prosecute. Plaintiff did not file an amended complaint within the allotted time.

DISCUSSION

The action should be dismissed without prejudice. The original complaint is defective for the reasons stated in the Memorandum and Order. Plaintiff has not filed an 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).

RECOMMENDATION

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.

NOTICE

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.

20120207

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