David Rafael Silva v. Galindo

Filing 9

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS by Judge Philip S. Gutierrez. 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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DAVID R. SILVA,

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Plaintiff,
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v.
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SHERIFF’S DEPUTY GALINDO,
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Defendant.
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______________________________)

NO. ED CV 14-2150-PSG(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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Phillip S. Gutierrez, 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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Plaintiff filed a civil rights complaint on October 28, 2014.

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Under the authority of 28 U.S.C. § 1915(e), the Court dismissed the

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complaint with leave to amend.

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Leave to Amend” (“Order”), filed October 31, 2014.

See “Order Dismissing Complaint With

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The Order notified Plaintiff that failure to file a First Amended

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Complaint within thirty (30) days of October 31, 2014, could result in

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the dismissal of the action for failure to prosecute.

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not file an amended complaint within the allotted time.

Plaintiff did

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DISCUSSION

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The action should be dismissed without prejudice.

The original

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complaint is defective for the reasons stated in the Order.

Plaintiff

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has not filed an amended complaint within the allotted time.

The

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Court has 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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Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962); see Fed. R. Civ. P.

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41(b).

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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: December 8, 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