Guerra v. Barnes

Full title: FERNANDO GUERRA, Petitioner, v. RON BARNES, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jun 18, 2014

CV 13-9368-JGB(E) (C.D. Cal. Jun. 18, 2014)

Opinion

FERNANDO GUERRA, Petitioner, v. RON BARNES, Warden, Respondent. No. CV 13-9368-JGB(E) United States District Court, C.D. California. June 18, 2014

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          CHARLES F. EICK, Magistrate Judge.

         This Report and Recommendation is submitted to the Honorable Jesus G. Bernal, 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 filed a "Petition for Writ of Habeas Corpus by a Person in State Custody" on December 20, 2013. Respondent filed an Answer on February 20, 2014. Petitioner failed to file a Reply within the allotted time.

         The Magistrate Judge then ordered Petitioner to file a Reply within twenty (20) days of April 1, 2014. The Magistrate Judge's Order cautioned: "Failure timely to do so may result in the denial and dismissal of the Petition." Nevertheless, 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. Petitioner failed to file a timely Reply, despite a Court Order that he do so. 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 denying and dismissing the Petition without prejudice.