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Mussa v. Tampkins

United States District Court, C.D. California

November 4, 2014

EBRAHIM M. MUSSA, Plaintiff,
v.
CYNTHIA L. TAMPKINS, 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 Terry J. Hatter, Jr., 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, a state prisoner proceeding pro se, filed this civil rights action on August 28, 2014, in the United States District Court for the Southern District of California. On September 4, 2014, the United States District Court for the Southern District of California transferred the action to this Court. By Memorandum and Order filed September 25, 2014, 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 September 25, 2014. 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.

DISCUSSION

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

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. section 636, the Court has reviewed the Complaint, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which any objections have been made. The Court accepts and adopts the Magistrate Judge's Report and Recommendation.

IT IS ORDERED that Judgment shall be entered dismissing the action without prejudice.


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