(PC) Smith v. Municipality of Fresno County et al

Filing 156

ORDER signed by District Judge Daniel J. Calabretta on 07/12/2024 DIRECTING Plaintiff to SHOW CAUSE within 14 days why this case shoud not be dismissed with prejudice. (Murphy, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY PAUL SMITH,

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No. 2:21-cv-01992 DJC AC

Plaintiff,
v.

ORDER

MUNICIPALTY OF FRESNO COUNTY,
et al.,
Defendants.

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Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action

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seeking relief under 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 May 21, 2024, the Magistrate Judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen

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days. (ECF No. 155.) Neither party filed objections to the findings and

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recommendations.

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The Court has reviewed the file and finds the findings and recommendations to

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be supported by the record and by the Magistrate Judge’s analysis. Having

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considered the factors described in Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.
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1992) the Court finds that dismissal is appropriate. Given the significant time and

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resources that have been devoted to this case, however, the Court is inclined to

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dismiss this action with prejudice. As this was not the recommendation of the

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Magistrate Judge, the Court will give Plaintiff one final opportunity to explain why

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dismissal with prejudice is not warranted in this case.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE within fourteen (14) days

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as to why this case should not be dismissed WITH PREJUDICE. Failure to respond to

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this Order will result in the Court adopting the Findings and Recommendations (ECF

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No. 155) in part and dismissing this action with prejudice.

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IT IS SO ORDERED.
Dated:

July 12, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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Smit1992.801

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