Heath D Laurie v. Conrad Graber
Filing
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ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge James V. Selna. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that Judgment be entered denying and dismissing the Petition without prejudice. (Attachments: # 1 R&R) (sp)
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Case 2:13-cv-02501-JVS-E Document 9 Filed 07/23/13 Page 1 of 6 Page ID #:72
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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HEATH D. LAURIE,
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Petitioner,
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v.
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CONRAD GRABER,
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Respondent.
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______________________________)
NO. CV 13-2501-JVS(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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James V. Selna, 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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Petitioner filed a “Petition for Writ of Habeas Corpus Under 28
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U.S.C. Section 2241” on April 9, 2013.
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May 6, 2013.
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time.
Respondent filed an Answer on
Petitioner failed to file a Reply within the allotted
Case 2:13-cv-02501-JVS-E Document 9 Filed 07/23/13 Page 2 of 6 Page ID #:73
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The Magistrate Judge then ordered Petitioner to file a Reply
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within twenty (20) days of June 17, 2013.
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Order cautioned:
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and dismissal of the Petition.”
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to file a Reply within the allotted time.
The Magistrate Judge’s
“Failure timely to do so may result in the denial
Nevertheless, Petitioner again failed
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DISCUSSION
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The Petition should be denied and dismissed without prejudice for
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failure to prosecute.
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despite a court order that Petitioner do so.
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power to achieve the orderly and expeditious disposition of cases by
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dismissing actions for failure to prosecute.
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U.S. 626, 629-30 (1962); see Fed. R. Civ. P. 41(b).
Petitioner has failed to file a timely Reply,
The Court has inherent
Link v. Wabash R.R., 370
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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:
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and Recommendation; and (2) directing that Judgment be entered denying
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and dismissing the Petition without prejudice.
(1) accepting and adopting this Report
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DATED: July 23, 2013.
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_______________/S/____________________
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE
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Case 2:13-cv-02501-JVS-E Document 9 Filed 07/23/13 Page 3 of 6 Page ID #:74
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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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