McCoy v. Kelso, et al.

Filing 297

ORDER ADOPTING 280 Findings and Recommendations, GRANTING Defendants' 267 Motion for Summary Judgment, and DIRECTING Clerk of Court Enter Judgment signed by District Judge Anthony W. Ishii on 9/29/2021. CASE CLOSED. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH RAYMOND MCCOY, 12 13 14 15 Plaintiff, v. STRONACH, et al., Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-000983-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT (Doc. Nos. 267, 280) Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On February 4, 2021, the Magistrate Judge issued Findings and Recommendations 20 recommending that Defendants’ motion for summary judgment be granted. (Doc. No. 280.) The 21 Findings and Recommendations were served on the parties and contained notice that objections were 22 to be filed within twenty-one days. (Id.) Plaintiff has requested five extensions of time to file 23 objections, all of which the court granted, but he has not filed any objections. (Doc. Nos. 282, 284, 24 296, 290, 294.) On September 28, 2021, the court denied plaintiff’s sixth request for an extension of 25 time to file objections (Doc. No. 295), noting that Plaintiff was warned that no further extensions of 26 time would be granted, and that “it appears that Plaintiff is simply attempting to stall this case,” as he 27 “had seven months from the original deadline to file objections, and Plaintiff failed to describe any 28 1 1 specific efforts or process he has made in attempting to file objections and/or what specific research or 2 other actions are necessary to file his objections.” (Doc. No. 296 at 2.) 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 4 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 5 Recommendations to be supported by the record and by proper analysis. 6 Based on the foregoing, it is HEREBY ORDERED that: 7 1. The Findings and Recommendations filed on February 4, 2021, are adopted in full; 8 2. Defendants’ motion for summary judgment filed on October 21, 2020 is granted; and 9 3. The Clerk of Court shall enter judgment in favor of Defendants. 10 11 IT IS SO ORDERED. 12 Dated: September 29, 2021 13 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?