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Wertheimer v. Brown

United States District Court, C.D. California

May 22, 2014

M. DAVID WERTHEIMER, Plaintiff,
v.
EDMUND G. JERRY' BROWN, ET AL., Defendants.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHARLES F. EICK, Magistrate Judge.

This Report and Recommendation is submitted to the Honorable Margaret M. Morrow, 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 November 8, 2013. Under the authority of 28 U.S.C. ยง 1915(e), the Court dismissed the complaint with leave to amend. See "Order Dismissing Complaint With Leave to Amend, " filed January 24, 2014 ("the Order").

The Order notified Plaintiff that failure to file a First Amended Complaint within thirty (30) days of January 24, 2014, 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 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).[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 dismissing the action without prejudice.


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