Joseph Christo Gomez v. Cruz et al

Filing 11

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter. 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 Report and Recommendation) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOSEPH CHRISTO GOMEZ,

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Plaintiff,
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v.
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CRUZ, MORENO, McDONNELL,
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LACURAIN, JULLIFF,
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Defendants.
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______________________________)

NO. CV 16-7430-JVW(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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John F. Walter, United States District Judge, pursuant to 28 U.S.C.

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section 636 and General Order 05-07 of the United States District

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Court for the Central District of California.

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PROCEEDINGS

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On October 4, 2016, Plaintiff filed a civil rights complaint.

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October 12, 2016, the Court issued an “Order Dismissing Complaint with

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Leave to Amend.”

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Complaint within thirty (30) days of October 12, 2016.

On

This Order allowed Plaintiff to file a First Amended
The

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Order cautioned Plaintiff that failure to file a timely First Amended

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Complaint could result in the dismissal of this action.

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Magistrate Judge subsequently extended the deadline for filing a First

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Amended Complaint until December 14, 2016, Plaintiff failed to file a

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First Amended Complaint within the allotted time, as extended.

Although the

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DISCUSSION

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The action should be dismissed without prejudice.

The original

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Complaint was defective for the reasons stated in the Court’s

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October 12, 2016 Order.

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Amended Complaint.

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orderly and expeditious disposition of cases by dismissing actions for

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failure to prosecute.

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

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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.

Plaintiff has failed to file a timely First

The Court has inherent power to achieve the

Link v. Wabash R.R., 370 U.S. 626, 629-30
The Court has considered the

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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///

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///

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(1) accepting and adopting this Report and

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

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the action without prejudice.

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DATED: December 21, 2016.

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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