Smith v. Goss, et al.

Filing 79

ORDER ADOPTING 78 Findings and Recommendations Regarding Dismissal with Prejudice for Bad Faith Conduct, signed by District Judge Dale A. Drozd on 3/8/2021. CASE CLOSED. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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No. 1:16-cv-01356-NONE-BAM (PC)

Plaintiff,
v.
CHANELO, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL WITH PREJUDICE FOR BAD
FAITH CONDUCT

Defendants.
(Doc. No. 78)
Plaintiff Lawrence Christopher Smith is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On January 12, 2021, the assigned magistrate judge issued findings and recommendations

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recommending that plaintiff’s motion for a protective order be denied, defendants’ motion to

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compel plaintiff’s deposition be denied as moot, and this case be dismissed with prejudice. (Doc.

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No. 78.) The magistrate judge found that terminating sanctions were appropriate due to

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plaintiff’s bad faith conduct in refusing to comply with his discovery obligations and needlessly

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multiplying court proceedings by filing repetitious and voluminous filings. (Id.) Plaintiff was

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directed to file objections within twenty-one days after being served with the findings and

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recommendations. No objections have been filed, and the deadline to do so has expired.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1. The findings and recommendations issued on January 12, 2021, (Doc. No. 78), are

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adopted in full;

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2. Plaintiff’s motion for a protective order, (Doc. No. 71), is denied;

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3. Defendants’ motion to compel plaintiff’s deposition, (Doc. No. 73), is denied as moot

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4. This action is dismissed, with prejudice, due to plaintiff’s bad faith conduct; and

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5. The Clerk of the Court is directed to close this case and terminate all other pending

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motions and deadlines.
IT IS SO ORDERED.
Dated:

March 8, 2021
UNITED STATES DISTRICT JUDGE

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