Smith v. Aubuchon, et al.

Filing 155

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/5/2020 ADOPTING in full 137 Findings and Recommendations and GRANTING 129 defendants' Motion for Summary Judgment. The Clerk is directed to enter judgment. CASE CLOSED (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GRANVILLE WILLIAM SMITH, IV,

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Plaintiff,

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No. 2:14-CV-0775-KJM-DMC-P

v.

ORDER

B. AUBUCHON, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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Eastern District of California local rules.
On March 31, 2020, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. Through four separate orders, the court has granted

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plaintiff 120 additional days to file objections. See ECF Nos. 139, 141, 144, and 147. However,

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plaintiff did not file timely objections to the findings and recommendations. He has belatedly

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filed two sets of documents he styles as objections, including one he is “submitting under duress.”

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ECF Nos. 152, 154; see also ECF No. 153 (confirming untimeliness in denying further extension

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request). The court disregards both sets of objections under these circumstances. See Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir.1998) (holding failure to timely object to a magistrate judge’s

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recommendation waives all objections to magistrate judge’s findings of fact).

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The court has reviewed the file and finds the findings and recommendations to be
supported by the record and the Magistrate Judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed March 31, 2020, are adopted in

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Defendants’ motion for summary judgment (ECF No. 129) is granted; and

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3.

The Clerk of the Court is directed to enter judgment and close this file.

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full;

DATED: October 5, 2020.

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