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)

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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

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