Opinion
CV 24-4036-RGK(E)
08-26-2024
CAMERON ANTHONY MORRIS, Plaintiff, v. M. SALAZAR, ET AL., Defendants.
REPORT AND RECOMMENDATION OF OF UNITED STATES MAGISTRATE JUDGE
CHARLES F. EICK, UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. section 636 and General 05-07 of the United States District Court for the Central District of California.
PROCEEDINGS
On May 10, 2024, Plaintiff commenced this action. On July 9, 2024, the Court filed an "Order Dismissing First Amended Complaint With Leave to Amend." This Order allowed Plaintiff to file a Second Amended Complaint within thirty (30) days of July 9, 2024. The Order cautioned Plaintiff that failure to file a timely Second Amended Complaint could result in the dismissal of this action. Plaintiff did not file a Second Amended Complaint within the allotted time.
DISCUSSION
The action should be dismissed without prejudice. The First Amended Complaint is defective for the reasons stated in the July 9, 2024 Order. Plaintiff has failed to file a Second 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.