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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,
v.
STRONACH, et al.,
Defendants.

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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.

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On February 4, 2021, the Magistrate Judge issued Findings and Recommendations

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recommending that Defendants’ motion for summary judgment be granted. (Doc. No. 280.) The

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Findings and Recommendations were served on the parties and contained notice that objections were

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to be filed within twenty-one days. (Id.) Plaintiff has requested five extensions of time to file

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objections, all of which the court granted, but he has not filed any objections. (Doc. Nos. 282, 284,

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296, 290, 294.) On September 28, 2021, the court denied plaintiff’s sixth request for an extension of

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time to file objections (Doc. No. 295), noting that Plaintiff was warned that no further extensions of

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time would be granted, and that “it appears that Plaintiff is simply attempting to stall this case,” as he

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“had seven months from the original deadline to file objections, and Plaintiff failed to describe any

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specific efforts or process he has made in attempting to file objections and/or what specific research or

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other actions are necessary to file his objections.” (Doc. No. 296 at 2.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations filed on February 4, 2021, are adopted in full;

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2.

Defendants’ motion for summary judgment filed on October 21, 2020 is granted; and

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3.

The Clerk of Court shall enter judgment in favor of Defendants.

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IT IS SO ORDERED.

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Dated: September 29, 2021

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SENIOR DISTRICT JUDGE

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