Warfield v. Lewis

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION IN PART AND DISMISSING CASE WITH PREJUDICE (crblc2, COURT STAFF) (Filed on 1/6/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRODERICK WARFIELD,

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United States District Court
For the Northern District of California

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Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION IN PART AND
DISMISSING CASE WITH PREJUDICE

v.
BEN LEWIS,
Defendant.

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No. 16-cv-5172 CRB

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The Court has reviewed Magistrate Judge Westmore’s Report and Recommendation

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(dkt. 7), and notes that more than fourteen days have passed and no opposition has been filed.

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The Court finds the Report correct, well-reasoned, and thorough, and ADOPTS it in every

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respect, except that the Court finds that dismissal should be with prejudice. A dismissal

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under Federal Rule of Civil Procedure 41(b) “operates as an adjudication on the merits” –

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and therefore results in dismissal with prejudice unless otherwise stated. See Semtek Intern.

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Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505 (2001). Plaintiff filed his complaint and

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initial application to proceed in forma pauperis on September 8, 2016 but has taken no action

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since despite repeated admonitions to do so. See Order on IFP Mot. (dkt. 5); OSC (dkt. 6).

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Accordingly, the Court DISMISSES the case WITH PREJUDICE.

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IT IS SO ORDERED.

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Dated: January 6, 2017

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE