Donovan L Haley v. County of Los Angeles

Filing 42

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Andrew J. Guilford. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that Judgment shall be entered dismissing the action without prejudice. (Attachments: # 1 R&R) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DONOVAN L. HALEY,

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Plaintiff,
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v.
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COUNTY OF LOS ANGELES, et al.,)
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Defendants.
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______________________________)

NO. CV 13-7304-AG(E)

REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE

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This Report and Recommendation is submitted to the Honorable

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Andrew J. Guilford, United States District Judge, pursuant to 28

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U.S.C. section 636 and General Order 05-07 of the United States

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District Court for the Central District of California.

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PROCEEDINGS

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On October 16, 2013, the Court issued an “Order Re Leave to File

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Action Without Prepayment of Full Filing Fee,” denying Plaintiff’s

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request to file a proposed Complaint without prepayment of the full

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filing fee.

The Order was accompanied by an Attachment stating that:

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(1) Plaintiff had failed to allege standing to challenge to the

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constitutionality of most if not all of the alleged conditions in the

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Los Angeles County Jail; (2) Plaintiff’s conclusory allegations of

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constitutional violations were insufficient; (3) the pro se Plaintiff

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could not represent other inmates; and (4) Plaintiff’s claims for

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injunctive relief were moot.

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Plaintiff’s request for reconsideration of that Order.

On November 12, 2013, the Court denied

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On February 25, 2014, the United States Court of Appeals for the

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Ninth Circuit issued an Order remanding the matter to this Court to

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afford Plaintiff, inter alia, an opportunity to file an amended

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complaint.

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On March 3, 2014, the Magistrate Judge issued an Order granting

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Plaintiff leave to file, within thirty (30) days of the date of the

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Order: (1) a proposed First Amended Complaint attempting to cure the

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defects in the original Complaint described in the “Attachment” to the

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Court’s October 16, 2013 Order; and (2) a “Request to Proceed Without

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Prepayment of Filing Fees With Declaration in Support,” accompanied by

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a certified copy of Plaintiff’s trust fund statement for the past six

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(6) months and a current declaration authorizing disbursements from

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Plaintiff’s prison trust account to pay any filing fee.

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On March 13, 2014, Plaintiff filed a “Request to Proceed without

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Prepayment of Filing Fees, etc.”

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an “Application to Amend Complaint and Proposed First Amended

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Complaint,” accompanied by a “Federal and State Civil Rights

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Complaint, etc.”

On March 20, 2014, Plaintiff filed

On March 26, 2014, the Magistrate Judge granted
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Plaintiff’s “Request to Proceed Without Prepayment of Filing Fees,

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etc.”

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On April 3, 2014, Plaintiff filed: (1) an “Affidavit of Plaintiff

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Donovan L. Haley in Support of 8th and 14th Amendment Claims”

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(“Plaintiff’s Affidavit”); and (2) a “Declaration of Plaintiff;

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Requests [sic] the Within Injunctive Orders, as Stated, and Daily

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Fines” (“Plaintiff’s Declaration”).

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“Federal and State Civil Rights Complaint, etc.,” Plaintiff’s

The Court deemed Plaintiff’s

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Affidavit and Plaintiff’s Declaration collectively to constitute

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Plaintiff’s First Amended Complaint.

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By “Order re First Amended Complaint,” filed April 27, 2014, the

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Court dismissed Plaintiff’s claims for declaratory and injunctive

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relief without leave to amend and dismissed all of the other claims in

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the First Amended Complaint with leave to amend.

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Plaintiff thirty days from April 27, 2014, within which to file a

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Second Amended Complaint.

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“[f]ailure to file timely a Second Amended Complaint in conformity

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with this Order may result in the dismissal of this action.”

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Nevertheless, Plaintiff failed to file a Second Amended Complaint

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within the allotted time.

The Court granted

The Court cautioned Plaintiff that

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By Minute Order dated June 9, 2014, the Court sua sponte extended

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the deadline for filing the Second Amended Complaint to June 30, 2014.

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Nevertheless, Plaintiff again failed to file a Second Amended

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Compliant within the allotted time, as extended.

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DISCUSSION

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The action should be dismissed without prejudice.

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Amended Complaint is defective for the reasons stated in the

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Memorandum and Order.

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Complaint within the allotted time.

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achieve the orderly and expeditious disposition of cases by dismissing

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actions for failure to prosecute.

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629-30 (1962); see Fed. R. Civ. P. 41(b).

The First

Plaintiff has failed to file a Second Amended
The Court has inherent power to

Link v. Wabash R.R., 370 U.S. 626,
The Court has considered

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the factors recited in Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th

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Cir.), cert. denied, 506 U.S. 915 (1992), and has concluded that

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dismissal without prejudice is appropriate.

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drastic alternative would not be effective under the circumstances of

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this case.

In particular, any less

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RECOMMENDATION

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For all of the foregoing reasons, IT IS RECOMMENDED that the

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Court issue an Order:

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Recommendation; and (2) directing that Judgment be entered dismissing

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the action without prejudice.

(1) accepting and adopting this Report and

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DATED: July 14, 2014.

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______________/S/_________________
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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NOTICE
Reports and Recommendations are not appealable to the Court of

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Appeals, but may be subject to the right of any party to file

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objections as provided in the Local Rules Governing the Duties of

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Magistrate Judges and review by the District Judge whose initials

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appear in the docket number.

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Federal Rules of Appellate Procedure should be filed until entry of

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the judgment of the District Court.

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No notice of appeal pursuant to the