Purisima v. Bryan et al
Filing 43
ORDER adopting 39 Report and Recommendation. The Court finds no clear error in Judge Ellis's well-reasoned recommendation that the case be dismissed for failure to prosecute under Rule 41(b), and would reach the same conclusion eve n under de novo review. The fact that Plaintiff is pro se, combined with the minimal prejudice that Defendants have suffered as a result of Plaintiff's delays (by Defendants' own admission "Plaintiff has not engaged in any discovery " (Obj. at 1)), persuades the Court that a Rule 41(b) dismissal is a sufficiently harsh remedy for Plaintiff's conduct. Accordingly, IT IS HEREBY ORDERED THAT the Court adopts the Report in its entirety and dismisses this action pursuant to Rule 41(b) without prejudice. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Richard J. Sullivan on 12/29/2014) Copies Mailed By Chambers. (mro)
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