James Bradley Haag v. Jeff Macomber

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

James Bradley Haag, No. 5:24-cv-01907-SB-E

Plaintiff, ORDER ACCEPTING FINDINGS,

CONCLUSIONS, AND

v. RECOMMENDATIONS OF THE U.S.

MAGISTRATE JUDGE

Jeff Macomber et al.,

Defendants.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the records and files herein, along with the Report and Recommendation of the U.S. Magistrate Judge. The deadline for filing objections to the Report and Recommendation passed on December 3, 2024, and no objections have been filed. The Court accepts the findings, conclusions, and recommendations of the U.S. Magistrate Judge, as the five factors in Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992),1 support dismissal for lack of prosecution. Only the fourth factor weighs against dismissal, as it always does. In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1228 (9th Cir. 2006). The remaining factors support dismissal because: (1) Plaintiff has failed to file an amended complaint despite being given an opportunity to do so; (2) Plaintiff’s failure to take any action for over two months…