UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 23, 2012
MICHAEL DEWAYNE ALLEN,
C.S.P. - LOS ANGELES COUNTY,
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 Dolly M. Gee, 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.
On March 30, 2012, Defendants filed a "Motion to Dismiss Plaintiff's Complaint." By Minute Order dated April 3, 2012, the Magistrate Judge ordered that Plaintiff file opposition to the Motion to Dismiss by April 27, 2012. The Minute Order cautioned: "[f]ailure to file timely opposition may result in the granting of the motion and/or the dismissal of the entire case, with or without prejudice, for failure to prosecute." Plaintiff did not file timely opposition to the Motion to Dismiss.
The action should be dismissed without prejudice. Plaintiff has failed to file timely opposition to a potentially dispositive motion, despite a 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); see also L.R. 7-12; Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir.), cert. denied, 516 U.S. 838 (1995).
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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