Gradford v. Gray

Filing 25

ORDER ADOPTING 22 Findings and Recommendations in Full, and DISMISSING Action for Failure to Comply with Court Orders and Failure to Prosecute, signed by District Judge Anthony W. Ishii on 11/17/2021. CASE CLOSED. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
WILLIAM J. GRADFORD,

11

Case No. 1:21-cv-00421-AWI-SAB

Plaintiff,

12
13

v.

14

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL, AND
DISMISSING ACTION FOR FAILURE TO
COMPLY WITH COURT ORDERS AND
FAILURE TO PROSECUTE

ANDY GRAY,
Defendant.

15

(ECF No. 22)

16
William J. Gradford (“Plaintiff”), proceeding pro se and in forma pauperis, filed this civil

17

18 rights action pursuant to 42 U.S.C. § 1983.

The matter was referred to a United States

19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local
20 Rule 302.
On September 30, 2021, the assigned magistrate judge issued findings and

21

22 recommendations, recommending that this action be dismissed for Plaintiff’s failure to prosecute
23 and failure to comply with court orders. (ECF No. 22.) Plaintiff was granted fourteen days in
24 which to file objections to the findings and recommendations. On October 8, 2021, Plaintiff
25 filed objections to the findings and recommendations. (ECF No. 23.) The objections do not
26 substantively address the findings and recommendations. 1
27
1

Due to the ambiguous content of the objections, it is not precisely clear if Plaintiff may have been objecting to an

28 earlier findings and recommendations initially issued on May 19, 2021 (ECF No. 13), and most recently re-served
1

1

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Eastern District of

2 California Local Rule 304, this Court has conducted a de novo review of this case. Having
3 carefully reviewed the entire file, including the October 8, 2021 objections, the Court concludes
4 that the findings and recommendations are supported by the record and proper analysis.
5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

30, 2021 (ECF No. 22), are ADOPTED in full;

7
8

2.

This action is DISMISSED for Plaintiff’s failure to prosecute and failure to
comply with court orders; and

9
10

The findings and recommendations issued by the magistrate judge on September

3.

The Clerk of Court is directed to CLOSE this case.

11
12

IT IS SO ORDERED.

13 Dated: November 17, 2021

SENIOR DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
on August 24, 2021, to Plaintiff’s updated address. The September 30, 2021 findings and recommendations were

28 served at Plaintiff’s most recently provided address.

2