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

Filing 157

ORDER signed by District Judge Daniel J. Calabretta on 8/12/2024 ADOPTING 155 The Findings and Recommendations IN PART; This action is DISMISSED WITH PREJUDICE pursuant to FRCP 41(b). The pending Motions for Summary Judgment 135 , 144 are DENIED AS MOOT. The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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

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have been devoted to this case, however, the Court will dismiss this action with

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prejudice. As this was not the recommendation of the Magistrate Judge, the Court

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issued an Order to Show Cause why the case should not be dismissed with prejudice.

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(ECF No. 156.) Plaintiff did not file a response.

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Accordingly, IT IS HEREBY ORDERED:

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1. The Findings and Recommendations of the Magistrate Judge (ECF No. 155)

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are ADOPTED IN PART.
2. This action is DISMISSED WITH PREJUDICE pursuant to Federal Ruel of Civil

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Procedure 41(b).
3. The pending motions for summary judgment (ECF Nos. 135, 144) are

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DENIED AS MOOT.
4. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

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

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Smit1992.801

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