Summary
In Williams v. Lerch, 56 Cal. 330, it was held that, if a vendor of goods in the care and keeping of a third person directs him to deliver them to the vendee, and the party holding the goods consents to retain the goods for him and does so retain them, it is a sufficient delivery and change of possession to satisfy the requirements of section 3440, Civil Code (identical with section 8604, supra).
Summary of this case from Claypool v. Malta Standard GarageOpinion
Case No. CV415-187
08-14-2015
JABBAR M.A. WILLIAMS, Plaintiff, v. ATTORNEY COURTNEY LERCH, In her Individual Capacity. Defendant.
REPORT AND RECOMMENDATION
This case should be dismissed without prejudice because plaintiff Jabbar M.A. Williams has failed to comply with the August 1, 2015 deadline for returning the Consent Form and Prison Trust Account Statement required by this Court, pursuant to 28 U.S.C. § 1915(a)(2). Doc. 3 at 5 (Order warning of dismissal if he failed to return his PLRA forms by that date). See L.R. 41(b); see Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, No. CV491-277 (S.D. Ga. June 10, 1992).
SO REPORTED AND RECOMMENDED, this 14th day of August, 2015.
/s/_________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA