Pomerance v. Astrue

Filing 14

ORDER (1) ADOPTING 13 REPORT AND RECOMMENDATION: (2) Dismissing Case with Prejudice for Failure to Prosecute. Signed by Judge Janis L. Sammartino on 5/12/11.(lmt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARK ROBERT POMERANCE,

CASE NO. 10-CV-1168 JLS (BLM)
Plaintiff,

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ORDER: (1) ADOPTING REPORT
AND RECOMMENDATION; (2)
DISMISSING CASE FOR
FAILURE TO PROSECUTE

vs.
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MICHAEL J. ASTRUE,
(Doc. No. 13)

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Defendant.

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On November 29, 2010, Magistrate Judge Barbara L. Major issued a report and

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recommendation advising the Court to dismiss this action for failure to prosecute. (Doc. No. 13

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(R&R).) Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district court’s

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duties in connection with a magistrate judge’s report and recommendation. The district court must

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“make a de novo determination of those portions of the report to which objection is made,” and “may

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accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate

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judge.” 28 U.S.C. § 636(b)(1); see also United States v. Raddatz, 447 U.S. 667, 673–76 (1980);

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United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). However, in the absence of timely

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objection, the Court “need only satisfy itself that there is no clear error on the face of the record in

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order to accept the recommendation.” Fed. R. Civ. P. 72 advisory committee’s note (citing Campbell

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v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)).

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Neither party has timely objected to Magistrate Judge Major’s report and recommendation.

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10cv1168

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(See R&R 4–5 (objections due by December 15, 2010).)

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recommendation, the Court finds that it is thorough, well reasoned, and contains no clear error.

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Accordingly, the Court hereby (1) ADOPTS Magistrate Judge Major’s report and recommendation

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and (2) DISMISSES this case WITH PREJUDICE for failure to prosecute.

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Having reviewed the report and

IT IS SO ORDERED.

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DATED: May 12, 2011
Honorable Janis L. Sammartino
United States District Judge

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10cv1168