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Bin v. United States

United States District Court, C.D. California

February 7, 2014

PEY BIN, Petitioner,
v.
UNITED STATES OF AMERICA, et al., Respondents.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHARLES F. EICK, Magistrate Judge.

This Report and Recommendation is submitted to the Honorable David O. Carter, 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

Petitioner, a federal prisoner, filed a "Motion to Lift an Immigration Detainer Pursuant to ยง 2241, etc." ("the Petition") on September 6, 2012. Defendants filed a "Response, etc." on October 24, a Reply within the allotted time.

On December 11, 2013, the Magistrate Judge issued the following Minute Order:

Pey Bin's Reply to the Government's "Response, etc., " is overdue. A Reply may be of assistance to the Court in determining this matter. Therefore, it is ordered that Petitioner file a Reply within twenty (20) days of the date of this Order. Failure timely to do so may result in the dismissal of this action for failure to prosecute.

Petitioner again failed to file a Reply within the allotted time.

DISCUSSION

The Petition should be denied and dismissed without prejudice for failure to prosecute and failure to obey a Court order. See Link v. Wabash R.R. , 370 U.S. 626, 629-30 (1962) (court has authority to dismiss actions for failure to prosecute); Pagtalunan v. Galaza , 291 F.3d 639 (9th Cir. 2002), cert. denied, 538 U.S. 909 (2003) (court has authority to dismiss actions for failure to prosecute or failure to obey a court order).[1]

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 denying and dismissing the Petition without prejudice.


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