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Larry Louis Judge v. San Bernardino Sheriff's Department

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 23, 2012

LARRY LOUIS JUDGE,
PLAINTIFF,
v.
SAN BERNARDINO SHERIFF'S DEPARTMENT, ET AL.,
DEFENDANTS.

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.

PROCEEDINGS

On November 28, 2011, Plaintiff filed a civil rights complaint. By Memorandum and Order filed May 10, 2012, 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.

On June 25, 2012, the Magistrate Judge recommended that the action be dismissed without prejudice for failure to prosecute. Based on Plaintiff's "Motion to Objections of Judgment," filed July 16, 2012, however, the Magistrate Judge withdrew the previous Recommendation and extended until August 6, 2012, the time within which Plaintiff could file a First Amended Complaint. See Minute Order filed July 17, 2012. Nevertheless, Plaintiff again failed to file a First Amended Complaint within the allotted time.

DISCUSSION

The action should be dismissed without prejudice. The complaint is defective for the reasons stated in the Memorandum and Order. Plaintiff twice 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).

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.

20120823

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