Bobby Gonzalez v. Los Angeles County Sheriff et al.

Filing 10

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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BOBBY GONZALEZ,

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Petitioner,
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v.
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DEFENDANT; LOS ANGELES COUNTY )
SHERIFF, et al.,
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Respondents.
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______________________________)

NO. CV 17-3872-JFW(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 May 23, 2017, this Court received a transfer from the United

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States Court of Appeals for the Ninth Circuit of a “Verified Petition

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for a Writ of Habeas Corpus, etc.” filed in the Ninth Circuit by

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Deirdra Duncan-Gonzalez, assertedly the “Next Friend” of Petitioner

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Bobby Gonzalez.

This Petition was substantively identical to the

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petition previously filed in this Court in Gonzalez v. Los Angeles

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County Sheriff, et al., CV 17-0972-JFW(E).1/

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On May 26, 2017, the Court filed an “Order Dismissing Petition

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With Leave to Amend.”

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(30) days from May 26, 2017, within which to file a First Amended

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Petition.

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Amended Petition in conformity with this Order may result in the

Therein, the Court allowed Petitioner thirty

The Court cautioned: “[f]ailure timely to file a First

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dismissal of this action.”

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Petition has been filed.

Nevertheless, no timely First Amended

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DISCUSSION

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The action should be dismissed without prejudice under the

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Court’s inherent power to achieve the orderly and expeditious

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disposition of cases by dismissing actions for failure to prosecute.

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See Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962).

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considered the factors recited in Ferdik v. Bonzelet, 963 F.2d 1258,

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1260-62 (9th Cir.), cert. denied, 506 U.S. 915 (1992), and has

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concluded that dismissal without prejudice is appropriate.

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particular, any less drastic alternative would not be effective under

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the circumstances of this case.

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///

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///

The Court has

In

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This Court dismissed action CV 17-0972-JFW(E) without
prejudice after Petitioner failed to file a timely First Amended
Petition. See Judgment entered April 18, 2017.
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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: (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: June 29, 2017.

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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.

No notice of appeal pursuant to the

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If the District Judge enters judgment adverse to Petitioner, the

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District Judge will, at the same time, issue or deny a certificate of

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appealability.

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and Recommendation, the parties may file written arguments regarding

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whether a certificate of appealability should issue.

Within twenty (20) days of the filing of this Report

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