Opinion
CV 23-4659-SSS(E)
01-02-2024
DAVID CRAMER, Plaintiff, v. WARDEN JENKINS, ET AL., Defendants.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable Sunshine Suzanne Sykes, 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 June 12, 2023, Plaintiff filed a "Civil Rights" Complaint. On September 7, 2023, the Magistrate Judge filed a "Report and Recommendation of United States Magistrate Judge." On November 29, 2023, the Court filed an "Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge." This Order dismissed the Complaint and allowed Plaintiff to file a First Amended Complaint within thirty (30) days of November 29, 2023. 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 "Report and Recommendation of United States Magistrate Judge," which was adopted by the November 29, 2023 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). The Court has considered the factors recited in Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir.), cert, denied, 506 U.S. 915 (1992), and has concluded that dismissal without prejudice is appropriate. In particular, any less drastic alternative would not be effective under the circumstances of this case.
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.