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 17-4049-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 31, 2017, Deirdra Duncan-Gonzalez, assertedly on behalf of

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Petitioner Bobby Gonzalez, filed a “Verified Petitioner for a Writ of

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Habeas Corpus, etc.”

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Dismissing Petition With Leave to Amend.”

On June 9, 2017, the Court filed an “Order
Therein, the Court allowed

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Petitioner thirty (30) days from June 9, 2017, within which to file a

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First Amended Petition.

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file a First Amended Petition in conformity with this Order may result

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in the dismissal of this action.”

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Amended Petition has been filed.

The Court cautioned: “[f]ailure timely to

Nevertheless, no timely First

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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.

The Court has

In

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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: July 20, 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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