JESUS G. BERNAL, District Judge.
On June 26, 2017, the Magistrate Judge filed a Report and Recommendation ("June 26 R&R") recommending that the Court issue an order denying Defendants' Motion to Dismiss the Complaint as untimely and granting Defendants' Motion to Dismiss all claims against the County of San Bernardino ("County") and Sheriff John McMahon without leave to amend. Plaintiff's objections to the June 26 R&R were due no later than July 17, 2017.
On June 23, July 10, and July 21, 2017, documents mailed to Plaintiff by the Court were returned by the postal service as undeliverable.
Accordingly, on July 24, 2017, the Magistrate Judge issued an Order to Show Cause ("OSC") why this action should not be dismissed for failure to prosecute and failure to obey court orders. Plaintiff's response to the OSC was due no later than August 7, 2017.
On August 9, 2017, after Plaintiff failed to respond to the OSC, the Magistrate Judge filed another Report and Recommendation ("August 9 R&R") recommending that the Court issue an order dismissing the action for failure to prosecute and failure to comply with court orders. Plaintiff's objections to the August 9 R&R were due no later than August 30, 2017.
On September 7, 2017, Plaintiff filed a "Response to Magistrate's Order to Show Cause" ("Plaintiff's Response"), which the Court has considered despite its untimeliness.
On September 12, 2017, Defendants filed a "Response to Plaintiff Raymond Dwain Chalfant's Response to This Court's Order to Show Cause and Request for Dismissal Due to Plaintiff's Consistent Violations of This Court's Numerous Orders" ("Defendants' Response"), in which Defendants outline Plaintiff's numerous violations of Court orders, failure to prosecute his case diligently, and failure to state a cognizable civil rights claim against the County and McMahon.
Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the records on file, and the June 26 and August 9 R&Rs. The Court has engaged in a
Accordingly, IT IS ORDERED that: (1) Defendants' Motion to Dismiss is granted; (2) Judgment shall be entered dismissing this action with prejudice as to the County and McMahon and without prejudice as to the remaining Defendants.