Stratford v. Brazelton, et al.

Filing 34

ORDER ADOPTING 33 Findings and Recommendations, signed by District Judge Dale A. Drozd on 06/04/2021. CASE CLOSED. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC STRATFORD,

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Plaintiff,

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No. 1:17-cv-00766-DAD-HBK

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

ARNOLD SCHWARZENEGGER,
(Doc. No. 33)

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Defendant.

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Plaintiff Eric Stratford a former state prisoner1 proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 1, 2021, the assigned magistrate judge issued findings and recommendations,

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recommending that this action be dismissed because plaintiff did not respond to the September

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11, 2020 order (Doc. No. 31) directing plaintiff to show cause why the action should not be

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dismissed pursuant to Federal Rule of Civil Procedure 4(m) due to his failure to serve the sole

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remaining defendant. (Doc. No. 33.) The findings and recommendations were served on plaintiff

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at his address of record with the court and contained notice that any objections thereto were to be

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Plaintiff is no longer incarcerated. On February 19, 2019, and August 20, 2019, plaintiff filed
notices of change of address with the court. (Doc. Nos. 18, 19.)
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filed within fourteen (14) days. (Id. at 3.) To date, no objections have been filed, and the time to

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do so has long since passed.

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

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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 proper analysis.

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Accordingly,
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The findings and recommendations issued on March 1, 2021, (Doc. No. 33), are
adopted in full;

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This action is dismissed due to plaintiff’s failure to serve defendant
Schwarzenegger; and

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3.

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IT IS SO ORDERED.

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Dated:

The Clerk of the Court is directed to close this case.

June 4, 2021
UNITED STATES DISTRICT JUDGE

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