Opinion
NO. CV 11-493-JFW(E)
08-30-2011
ALFRED CABALLERO, Plaintiff, v. COUNTY OF LOS ANGELES, et al., Defendants.
ORDER ADOPTING FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation.
IT IS ORDERED that: (1) the Report and Recommendation of the Magistrate Judge is approved and adopted; and (2) Judgment shall be entered dismissing the action without prejudice.
IT IS FURTHER ORDERED that the Clerk serve forthwith a copy of this Order and the Judgment of this date on the Plaintiff.
JOHN F. WALTER
STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ALFRED CABALLERO, Plaintiff,
v.
COUNTY OF LOS ANGELES, et al., Defendants.
NO. CV 11-493-JFW(E)
REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable John F. Walter, United States District Judge, pursuant to 28 U.S.C. section 63 6 and General Order 05-07 of the United States District Court for the Central District of California.
BACKGROUND
On March 23, 2011, Plaintiff, proceeding pro se, filed a Second Amended Complaint. By Order filed May 26, 2011, the Court dismissed the Second Amended Complaint with leave to amend. The Order cautioned Plaintiff that failure to file a Third Amended Complaint within thirty days of May 26, 2011 could result in the dismissal of this action. Plaintiff did not file a Third Amended Complaint within the allotted time.
DISCUSSION
The action should be dismissed without prejudice. The Second Amended Complaint is defective for the reasons stated in the Order. Plaintiff has failed to file a Third 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) approving and adopting this Report and Recommendation; and (2) directing that Judgment be entered dismissing the action without prejudice.
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE
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.